PART 4 FEDERAL MARIJUANA LAWS
Law Library of Congress https://www.loc.gov/
http://uscode.house.gov/browse.xhtml
Now we will read more federal marijuana laws, and this time we will continue where we left off in Title 21 United States Code.
How can Governor Phil Scott call himself a “Republican” when he wastes taxpayer dollars by enforcing state laws which merely duplicate federal laws and burden the taxpayers? What kind of “Republican” is that?
Remember, you can go demonstrate to your state senators and state representatives if you want them to vote against Governor Phil Scott’s veto of recreational marijuana by making your own protest demonstration signs and stand on the state house lawn and hold them up on June 21 and June 22, 2017 during the legislative veto session on those days. Get their attention, wear flowers in your hair!Go early to catch their attention on their way in to the building!
PLEASE SCROLL DOWN TO
PART 4 FEDERAL MARIJUANA LAWS
21 USC 842; 21 USC 843; 21 USC 859; 21 USC 860;
Law Library of Congress
https://www.loc.gov/
http://uscode.house.gov/browse.xhtml
In Part 1 FEDERAL MARIJUANA LAWS,
we looked at food stamps & marijuana, federal forest land & marijuana,
federal immigration laws & marijuana, and U.S. Military law & marijuana.
http://ibrattleboro.com/sections/other/part-1-federal-marijuana-laws-trump-state-marijuana-laws-so-it-time-learn-federal-pot
INCLUDES: TITLE 7: 7 USC 2014; 7 USC 2209e;
TITLE 8: 8 USC 1182; 8 USC §1227; 8 USC 1254a; 8 USC 1255;
TITLE 10: 10 USC 912a;
TITLE 16: 16 USC 559b;16 USC §559c
In Part 2 FEDERAL MARIJUANA LAWS
we start off with Title 18 Criminal laws: explosives & marijuana; prisons & marijuana;
and then Title 19 international treaties & marijuana.
http://ibrattleboro.com/sections/other/part-2-federal-marijuana-laws-governor-phil-scott-consider-morning-his-big-decision-i
PART 3 FEDERAL MARIJUANA LAWS: Most commonly known Title 21
http://ibrattleboro.com/sections/other/part-3-federal-marijuana-laws-20-years-and-not-more-life-imprisonment-etc
In Part 3 of Federal Marijuana Laws,
we look at just some of TITLE 21.
TITLE 21; 21 USC 186 to 187; 21 USC 353;
21 USC 801; 21 USC 802; 21 USC 812; 21 USC 822;
21 USC 841.
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PART 4 FEDERAL MARIJUANA LAWS:
________________________________
21 USC 209; 21 USC 352;
21 USC 842; 21 USC 843;
21 USC 859; 21 USC 860
________________________________
21 USC 209
TITLE 21 / CHAPTER 7 / § 209
21 USC 209: Poisons; book entry of sale; labels
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 7-PRACTICE OF PHARMACY AND SALE OF POISONS
IN CONSULAR DISTRICTS IN CHINA
§209. Poisons; book entry of sale; labels
It shall be unlawful for any person, firm, or corporation whose permanent allegiance
is due to the United States
to sell or deliver to any other person any of the following-described substances
or any poisonous compound, combination, or preparation thereof, to wit:
The compounds of and salts of antimony, arsenic, barium, chromium, copper, gold, lead,
mercury, silver, and zinc, the caustic hydrates of sodium and potassium,
solution or water of ammonia, methyl alcohol, paregoric, the concentrated mineral acids,
oxalic and hydrocyanic acids and their salts, yellow phosphorus, Paris green,
carbolic acid, the essential oils of almonds, pennyroyal, tansy, rue, and savin;
croton oil, creosote, chloroform, cantharides, or aconite, belladonna, bitter almonds,
colchicum, cotton root, cocculus indicus, conium,
cannabis indica,
digitalis, ergot, hyoscyamus, ignatia, lobelia, nux vomica, physostigma, phytolacca,
strophanthus, stramonium, veratrum viride, or any of the poisonous alkaloids or
alkaloidal salts derived from the foregoing, or any other poisonous alkaloids or their salts,
or any other virulent poison, except in the manner following, and, moreover,
if the applicant be less than eighteen years of age, except upon the written order
of a person known or believed to be an adult….. Etc…..
http://uscode.house.gov/view.xhtml?req=cannabis&f=treesort&fq=true&num=1&hl=true&edition=prelim&granuleId=USC-prelim-title21-section209
21 USC 352
CHAPTER 9 / SUBCHAPTER V / Part A / § 352
21 USC 352: Misbranded drugs and devices
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 9-FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER V-DRUGS AND DEVICES
Part A-Drugs and Devices
§ 352 Misbranded drugs and devices
A drug or device shall be deemed to be misbranded-
…..etc,…etc….etc….
Par. (d). Pub. L. 105–115, §126(b), struck out par. (d) which read as follows:
“If it is for use by man and contains any quantity of the narcotic
or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal,
cannabis,
carbromal, chloral, coca, cocaine, codeine, heroin,
marihuana,
morphine, opium, paraldehyde, peyote, or sulphonmethane;
or any chemical derivative of such substance,
which derivative has been by the Secretary, after investigation,
found to be, and by regulations designated as, habit forming;
unless its label bears the name and quantity or proportion
of such substance or derivative and in juxtaposition therewith the statement
‘Warning-May be habit forming.’ ”
21 USC 842
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part D / § 842
21 USC 842: Prohibited acts B
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part D-Offenses and Penalties
§ 842 Prohibited acts B
(a) Unlawful acts
21 USC 842: Prohibited acts B
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part D-Offenses and Penalties
§842. Prohibited acts B
(a) Unlawful acts
It shall be unlawful for any person-
(1) who is subject to the requirements of part C
to distribute or dispense a controlled substance in violation of section 829 of this title;
(2) who is a registrant to distribute or dispense a controlled substance
not authorized by his registration to another registrant or other authorized person
or to manufacture a controlled substance not authorized by his registration;
(3) who is a registrant to distribute a controlled substance in violation of section 825 of this title;
(4) to remove, alter, or obliterate a symbol or label required by section 825 of this title;
(5) to refuse or negligently fail to make, keep, or furnish any record, report, notification,
declaration, order or order form, statement, invoice, or information required under this
subchapter or subchapter II;
(6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II;
(7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant
to section 824(f) or 881 of this title or to remove or dispose of substances so placed under seal;
(8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees
of the United States, or to the courts when relevant in any judicial proceeding under this subchapter
or subchapter II, any information acquired in the course of an inspection authorized by this subchapter
concerning any method or process which as a trade secret is entitled to protection, or to use to his
own advantage or reveal (other than as authorized by section 830 of this title) any information that
is confidential under such section;
(9) who is a regulated person to engage in a regulated transaction without obtaining the identification
required by 830(a)(3) of this title.1
(10) negligently to fail to keep a record or make a report under section 830 of this title or negligently
to fail to self-certify as required under section 830 of this title;
(11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply
to manufacture a controlled substance or a listed chemical, in violation of this subchapter or
subchapter II, with reckless disregard for the illegal uses to which such a laboratory supply will be put;
(12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of
section 830 of this title-
(A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d)
of such section, knowing at the time of the transaction involved (independent of consulting the logbook
under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or
(B) to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d);
(13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in
violation of subsection (e) of such section;
(14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations
under subparagraph (C) of section 830(e)(1) of this title, information in logbooks under subparagraph (A)(iii)
of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities;
(15) to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred
to in section 830(b)(3)(B) of this title, unless such regulated seller or regulated person is, at the time of such
distribution, currently registered with the Drug Enforcement Administration, or on the list of persons referred
to under section 830(e)(1)(B)(v) of this title; or
(16) to violate subsection (e) of section 825 of this title.2
As used in paragraph (11), the term “laboratory supply” means a listed chemical or any chemical, substance,
or item on a special surveillance list published by the Attorney General, which contains chemicals, products,
materials, or equipment used in the manufacture of controlled substances and listed chemicals. For purposes
of paragraph (11), there is a rebuttable presumption of reckless disregard at trial if the Attorney General notifies
a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a
customer of the notified firm, or distributed further by that customer, for the unlawful production of
controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the
notified firm distributes a laboratory supply to the customer. For purposes of paragraph (15), if the distributor
is temporarily unable to access the list of persons referred to under section 830(e)(1)(B)(v) of this title, the
distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by
the regulated seller or regulated person, provided the distributor confirms within 7 business days of the
distribution that such regulated seller or regulated person is on the list referred to under section
830(e)(1)(B)(v) of this title.
(b) Manufacture
It shall be unlawful for any person who is a registrant to manufacture a controlled substance
in schedule I or II,
or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers,
or salts of optical
isomers of such chemical, which is-
(1) not expressly authorized by his registration and by a quota assigned to him pursuant to section 826 of this title;
or
(2) in excess of a quota assigned to him pursuant to section 826 of this title.
(c) Penalties
(1)(A) Except as provided in subparagraph (B), (C), or (D) of this paragraph and paragraph (2),
any person who violates this section shall, with respect to any such violation, be subject to a civil penalty
of not more than $25,000. The district courts of the United States (or, where there is no such court in the
case of any territory or possession of the United States, then the court in such territory or possession
having the jurisdiction of a district court of the United States in cases arising under the Constitution and laws
of the United States) shall have jurisdiction in accordance with section 1355 of title 28 to enforce this paragraph.
(B) In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000.
(C) In the case of a violation of paragraph (16) of subsection (a) of this section by an importer, exporter
manufacturer, or distributor (other than as provided in subparagraph (D)), up to $500,000 per violation.
For purposes of this subparagraph, a violation is defined as each instance of importation, exportation,
manufacturing, distribution, or possession with intent to manufacture or distribute, in violation of
paragraph (16) of subsection (a).
(D) In the case of a distribution, dispensing, or possession with intent to distribute or dispense in violation
of paragraph (16) of subsection (a) of this section at the retail level, up to $1000 per violation. For purposes
of this paragraph, the term “at the retail level” refers to products sold, or held for sale, directly to the consumer
for personal use. Each package, container or other separate unit containing an anabolic steroid that is distributed,
dispensed, or possessed with intent to distribute or dispense at the retail level in violation of such paragraph (16)
of subsection (a) shall be considered a separate violation.
(2)(A) If a violation of this section is prosecuted by an information or indictment which alleges that the violation
was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person
shall, except as otherwise provided in subparagraph (B) of this paragraph, be sentenced to imprisonment of not
more than one year or a fine under title 18, or both.
(B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender
for an offense punishable under this paragraph (2), or for a crime under any other provision of this subchapter
or subchapter II or other law of the United States relating to narcotic drugs,
marihuana,
or depressant or stimulant substances, have become final,
such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine under title 18, or both.
(C) In addition to the penalties set forth elsewhere in this subchapter or subchapter II, any business that violates
paragraph (11) of subsection (a) shall, with respect to the first such violation, be subject to a civil penalty of
not more than $250,000, but shall not be subject to criminal penalties under this section, and shall, for any
succeeding violation, be subject to a civil fine of not more than $250,000 or double the last previously imposed penalty,
whichever is greater.
(3) Except under the conditions specified in paragraph (2) of this subsection, a violation of this section does not
constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1)
shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.
(4)(A) If a regulated seller, or a distributor required to submit reports under section 830(b)(3) of this title,
violates paragraph (12) of subsection (a) of this section, or if a regulated seller violates paragraph (13) of
such subsection, the Attorney General may by order prohibit such seller or distributor (as the case may be)
from selling any scheduled listed chemical product. Any sale of such a product in violation of such an order
is subject to the same penalties as apply under paragraph (2).
(B) An order under subparagraph (A) may be imposed only through the same procedures as apply under
section 824(c) of this title for an order to show cause.
21 USC 843
21 USC 843: Prohibited acts C
Text contains those laws in effect on June 1, 2017
Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part D-Offenses and Penalties
§843. Prohibited acts C
(a) Unlawful acts
It shall be unlawful for any person knowingly or intentionally-
(1) who is a registrant to distribute a controlled substance classified in schedule I or II,
in the course of his legitimate business, except pursuant to an order or an order form
as required by section 828 of this title;
(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance
or to use for the purpose of acquiring or obtaining a controlled substance, a registration number
which is fictitious, revoked, suspended, expired, or issued to another person;
(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud,
forgery, deception, or subterfuge;
(4)(A) to furnish false or fraudulent material information in, or omit any material information from,
any application, report, record, or other document required to be made, kept, or filed under this
subchapter or subchapter II, or (B) to present false or fraudulent identification where the person
is receiving or purchasing a listed chemical and the person is required to present identification
under section 830(a) of this title;
(5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print,
imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of
another or any likeness of any of the foregoing upon any drug or container or labeling thereof
so as to render such drug a counterfeit substance;
(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine,
or gelatin capsule, or any equipment, chemical, product, or material which may be used to
manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable
cause to believe, that it will be used to manufacture a controlled substance or listed chemical in
violation of this subchapter or subchapter II;
(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine,
encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which
may be used to manufacture a controlled substance or listed chemical, knowing, intending, or
having reasonable cause to believe, that it will be used to manufacture a controlled substance
or listed chemical in violation of this subchapter or subchapter II or, in the case of an exportation,
in violation of this subchapter or subchapter II or of the laws of the country to which it is exported;
(8) to create a chemical mixture for the purpose of evading a requirement of section 830 of this title
or to receive a chemical mixture created for that purpose; or
(9) to distribute, import, or export a list I chemical without the registration required by this subchapter
or subchapter II.
(b) Communication facility
It shall be unlawful for any person knowingly or intentionally to use any communication facility in
committing or in causing or facilitating the commission of any act or acts constituting a felony under
any provision of this subchapter or subchapter II. Each separate use of a communication facility
shall be a separate offense under this subsection. For purposes of this subsection, the term
“communication facility” means any and all public and private instrumentalities used or useful in the
transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone,
wire, radio, and all other means of communication.
(c) Advertisement
(1) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications,
any written advertisement knowing that it has the purpose of seeking or offering illegally to receive,
buy, or distribute a Schedule I controlled substance. As used in this section the term “advertisement”
includes, in addition to its ordinary meaning, such advertisements as those for a catalog of
Schedule I controlled substances
and any similar written advertisement that has the purpose of seeking or offering illegally to receive,
buy, or distribute a Schedule 1 I controlled substance. The term “advertisement” does not include
material which merely advocates the use of a similar material, which advocates a position or practice,
and does not attempt to propose or facilitate an actual transaction in a Schedule 1 I controlled substance.
(2)(A) It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the
Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled
substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the
Controlled Substances Import and Export Act
[21 U.S.C. 951 et seq.].
(B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly
or intentionally causing the placement on the Internet of an advertisement that refers to or directs
prospective buyers to Internet sellers of controlled substances who are not registered with a modification
under section 823(f) of this title.
(C) Subparagraph (A) does not apply to material that either-
(i) merely advertises the distribution of controlled substances by nonpractitioners to the extent authorized
by their registration under this subchapter; or
(ii) merely advocates the use of a controlled substance or includes pricing information without attempting
to facilitate an actual transaction involving a controlled substance.
(d) Penalties
(1) Except as provided in paragraph (2), any person who violates this section shall be sentenced to a term
of imprisonment of not more than 4 years, a fine under title 18, or both; except that if any person commits
such a violation after one or more prior convictions of him for violation of this section, or for a felony
under any other provision of this subchapter or subchapter II or other law of the United States relating
to narcotic drugs,
marihuana,
or depressant or stimulant substances, have become final, such person shall be sentenced to a term
of imprisonment of not more than 8 years,
a fine under title 18, or both.
(2) Any person who, with the intent to manufacture or to facilitate the manufacture of methamphetamine,
violates paragraph (6) or (7) of subsection (a), shall be sentenced to a term of imprisonment of not
more than 10 years, a fine under title 18, or both; except that if any person commits such a violation
after one or more prior convictions of that person-
(A) for a violation of paragraph (6) or (7) of subsection (a);
(B) for a felony under any other provision of this subchapter or subchapter II of this chapter; 2 or
(C) under any other law of the United States or any State relating to controlled substances or
listed chemicals, has become final, such person shall be sentenced
to a term of imprisonment of not more than 20 years,
a fine under title 18, or both. Etc., …..
21 USC 859
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part D / § 859
21 USC 859: Distribution to persons under age twenty-one
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
§ 859 Distribution to persons under age twenty-one
Part D-Offenses and Penalties
(a)First offense
Except as provided in section 860 of this title, any person at least eighteen years
of age who violates section 841(a)(1) of this title by distributing a controlled substance
to a person under twenty-one years of age
is (except as provided in subsection (b)) subject to
(1) twice the maximum punishment authorized by section 841(b) of this title,
and (2) at least twice any term of supervised release authorized by section 841(b) of this title,
for a first offense involving the same controlled substance and schedule.
Except to the extent a greater minimum sentence is otherwise provided by
section 841(b) of this title, a term of imprisonment under this subsection
shall be not less than one year.
The mandatory minimum sentencing provisions of this subsection shall
not apply to offenses involving 5 grams or less of
marihuana.
(b) Second offense
Except as provided in section 860 of this title, any person at least eighteen years of age
who violates section 841(a)(1) of this title by distributing a controlled substance to a
person under twenty-one years of age
after a prior conviction under subsection (a) of this section (or under section 333(b)
of this title as in effect prior to May 1, 1971) has become final, is subject to
(1) three times the maximum punishment
authorized by section 841(b) of this title, and
(2) at least three times any term of supervised release
authorized by section 841(b) of this title,
for a second or subsequent offense involving the same controlled substance and schedule.
Except to the extent a greater minimum sentence is otherwise provided by
section 841(b) of this title, a term of imprisonment under this subsection
shall be not less than one year.
Penalties for third and subsequent convictions shall be governed by
section 841(b)(1)(A) of this title.
21 USC 860
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part D / § 860
21 USC 860: Distribution or manufacturing in or near schools and colleges
Text contains those laws in effect on June 1, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part D-Offenses and Penalties
§ 860 Distribution or manufacturing in or near schools and colleges
(a) Penalty
Any person who violates section 841(a)(1) of this title or section 856 of this title by distributing,
possessing with intent to distribute, or manufacturing a controlled substance in or on, or within
one thousand feet of, the real property comprising a public or private elementary, vocational,
or secondary school or a public or private college, junior college, or university, or a playground,
or housing facility owned by a public housing authority,
or within 100 feet of a public or private youth center, public swimming pool,
or video arcade facility, is (except as provided in subsection (b))
subject to (1) twice the maximum punishment
authorized by section 841(b) of this title;
and (2) at least twice any term of supervised release
authorized by section 841(b) of this title for a first offense.
A fine up to twice that authorized by section 841(b) of this title may be imposed
in addition to any term of imprisonment authorized by this subsection.
Except to the extent a greater minimum sentence is otherwise provided by
section 841(b) of this title, a person shall be sentenced under this subsection to
a term of imprisonment of not less than one year.
The mandatory minimum sentencing provisions of this paragraph
shall not apply to offenses involving 5 grams or less of marihuana.
…etc….
[COMING SOON TO ibrattleboro.com
PART 5 FEDERAL MARIJUANA LAWS:
21 USC 863; 21 USC 960; 21 USC 962; 21 USC 967; 21 USC 1705
21 USC 1708; 21 USC 1713]
[Remember, there are a lot more federal marijuana laws, so
be looking forward to more parts: Title 3 USC; Title 5 USC; Title 20 USC;
Title 22 USC; Title 23 USC; Title 25 USC; Title 26 USC ; Title 28 USC;
Title 42 USC; Title 48 USC; Title 49 USC and International Treaties.]
