Federal Controlled Substance Laws Under 21 U.S.C. Chapter 13

How to Find the Federal Drug Statute That Applies

The section number on a federal indictment tells you which drug law the government alleges was violated. Chapter 13 of Title 21 covers two groups of federal drug laws. Subchapter I contains the Controlled Substances Act provisions on scheduling, registration, and offenses such as possession and distribution. Subchapter II covers importation and exportation.

Federal drug schedules

Controlled substances are classified into five Schedules (I through V) under federal law. The criteria for these schedules are found in 21 U.S.C. § 812, and the regulatory schedules are located in 21 C.F.R. Part 1308. In order to determine whether marijuana is federally authorized for a particular use, check the DEA’s scheduling actions for the product and activity in question.

Manufacturing, distribution, and possession with intent (§ 841)

The knowing or intentional manufacturing, distributing, or dispensing of a controlled substance, or knowing or intentional possession with intent to manufacture, distribute, or dispense a controlled substance, is prohibited by 21 U.S.C. § 841(a)(1) unless such activity is federally authorized. Under § 802, transfer of a controlled substance can constitute a distribution even if no consideration is exchanged.

In a possession-with-intent case, the government must prove both the intent to manufacture, distribute, or dispense and possession of the controlled substance. Subsection (b) provides for penalty of such offenses.

Simple possession (§ 844)

The law on unlawful possession of controlled substances is found in 21 U.S.C. § 844(a). This section makes unlawful possession of controlled substances generally punishable by up to one year in prison for a first offense, with increasing ranges for subsequent offenses. Possession with intent to distribute falls under § 841(a)(1), with penalties set out in § 841(b).

Attempt and conspiracy (§§ 846 and 963)

Section 846 applies to attempts and conspiracies involving Subchapter I offenses. To prove a conspiracy under Section 846, the government must prove an unlawful agreement and the defendant’s knowing participation in the agreement. There is no requirement of an overt act to prove a conspiracy under Section 846. United States v. Shabani, 513 U.S. 10 (1994). Section 963 applies to attempts and conspiracies to commit offenses under Subchapter II and provides for the same penalty as the underlying offense.

Import and export (§§ 952, 953, and 960)

Section 952 of the Act prohibits importation of controlled substances into the United States; § 953 of the Act prohibits exportation of controlled substances from the United States. Controlled substances are subject to specified exceptions and authorizations for importation into and exportation from the United States.

Section 960(a) of the Act makes it a crime to knowingly or intentionally import or export controlled substances in violation of specified federal laws. Section 960(b) of the Act establishes penalties for violations of § 960(a).

Other federal drug offenses

• Obtaining drugs by fraud or using a phone to facilitate a drug felony. Section 843(a)(3) covers obtaining a controlled substance through fraud, forgery, or similar deception. Section 843(b) covers knowing or intentional use of a communication facility, such as a telephone, to commit, cause, or facilitate a federal drug felony.
• Continuing criminal enterprise. Section 848 applies to a continuing series of qualifying federal drug violations in concert with at least five other people whom the defendant organizes, supervises, or manages. The defendant must obtain substantial income or resources from the series.
• Drug-involved premises. Section 856 covers knowingly opening, leasing, using, or maintaining a place for unlawful manufacture, distribution, or use of controlled substances. It also addresses knowingly and intentionally making a place under one’s management or control available for specified unlawful drug activity.
• Drug activity near a protected site. Section 860 addresses specified distribution, possession with intent to distribute, and manufacturing offenses at or near schools and other protected locations. The distance depends on the type of location.
• Drug paraphernalia. Section 863 covers selling or offering paraphernalia for sale, transporting paraphernalia by mail or other facility of interstate commerce, and importing or exporting paraphernalia, subject to exceptions as provided by law. Section 863 does not cover simple possession of paraphernalia.

Penalties and forfeiture

The sentencing range is affected by the substance and quantity of drugs involved, under §§ 841(b) and 960(b). Prior convictions, death or serious bodily injury caused by the use of drugs, can also increase the sentencing range under other sections of law. Section 853 provides for criminal forfeiture of property including proceeds of illegal activity and property used to facilitate the offense, after conviction of certain offenses.

For more information on the defense of federal drug charges see our Federal Drug Defense page. For more information on the defense of Nevada drug charges see our Nevada Drug Charges Guide.