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schedule IV or V from the application of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.
PERSONS REQUIRED TO REGISTER
SEC. 1007.  (a) No person may
(1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance, or
(2) export from the United States any controlled substance in schedule I, II, III, or IV,
unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection (b).
(b)(1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance:
(A) An agent or an employee of any importer or exporter registered under section 1008 if such agent or employee is acting in the usual course of his business or employment.
(B) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment.
(C) An ultimate user who possesses such substance for a purpose specified in section 102(25) and in conformity with an exemption granted under section 1006(a).
(2) The Attorney General may, by regulation, waive the requirement for registration of certain importers and exporters if he finds it consistent with the public health and safety; and may authorize any such importer or exporter to possess controlled substances for purposes of importation and exportation.
SEC. 1008.  (a) The Attorney General shall register an applicant to import or export a controlled substance in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on the effective date of this section. In determining the public interest, the factors enumerated in paragraph (1) through (6) of section 303(a) shall be considered.
(b) Registration granted under this section shall not entitle a registrant to import or export controlled substances other than specified in the registration.
(c) The Attorney General shall register an applicant to import a controlled substance in schedule III, IV, or V or to export a controlled substance in schedule III or IV, unless he determines that
the issuance of such registration is inconsistent with the public interest. In determining the public interest, the factors enumerated in paragraphs (1) through (6) of section 303(d) shall be considered.
(d)(1) The Attorney General may deny an application for registration under subsection (a) if he is unable to determine that such registration is consistent with the public interest (as defined in subsection (a)) and with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part.
(2) The Attorney General may deny an application for registration under subsection (c), or revoke or suspend a registration under subsection (a) or (c), if he determines that such registration is inconsistent with the public interest (as defined in subsection (a) or (c)) or with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part.
(3) The Attorney General may limit the revocation or suspension of a registration to the particular controlled substance, or substances, with respect to which grounds for revocation or suspension exist.
(4) Before taking action pursuant to this subsection, the Attorney General shall serve upon the applicant or registrant an order to show cause as to why the registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General, or his designee, at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this subsection in accordance with subchapter II of chapter 5 of title 5 of the United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States.
(5) The Attorney General may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this subsection, in cases where he finds that there is an imminent danger to the public health and safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction.
(6) In the event that the Attorney General suspends or revoke a registration granted under this section, all controlled substances owned or possessed by the registrant pusuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be seized or placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances (or proceeds of the sale thereof which have been deposit
ed with the court) shall be forfeited to the United States; and the Attorney General shall dispose of such controlled substances in accordance with section 511(e) of the Controlled Substances Act.
(e) No registration shall be issued under this part for a period in excess of one year. Unless the regulations of the Attorney General otherwise provide, sections 302(f), 305, and 307 shall apply to persons registered under this section to the same extent such sections apply to persons registered under section 303.
(f) The Attorney General is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration of importers and exporters of controlled substances under this section.
(g) Persons registered by the Attorney General under this section to import or export controlled substances may import or export (and, for the purpose of so importing or exporting, may possess) such substances to the extent authorized by their registration and in conformity with the other provisions of this title and title II.
(h) A separate registration shall be required at each principal place of business where the applicant imports or exports controlled substances.
(i) Except in emergency situations as described in section 1002(a)(2)(A), prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or II, and prior to issuing a regulation under section 1002(a) authorizing the importation of such a substance, the Attorney General shall give manufacturers holding registration for the bulk manufacture of the substance an opportunity for a hearing.
MANUFACTURE OR DISTRIBUTION FOR PURPOSES OF UNLAWFUL
SEC. 1009.  It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II—
(1) intending that such substance be unlawfully imported into the United States; or
(2) knowing that such substance will be unlawfully imported into the United States.
This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States. Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.
PROHIBITED ACTS A-PENALTIES
SEC. 1010.  (a) Any person who
(1) contrary to section 1002, 1003, or 1007, knowingly or intentionally imports or exports a controlled substance,
(2) contrary to section 1005, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or
(3) contrary to section 1009, manufactures or distributes a controlled substance,
shall be punished as provided in subsection (b).
(b)(1) In the case of a violation under subsection (a) of this section involving
(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of
(i) coca leaves;
(ii) a compound, manufacture, salt, derivative, or preparation of coca leaves; or
(iii) a substance chemically identical thereto;
(B) a kilogram or more of any other narcotic drug in schedule I or II;
(C) 500 grams or more of phencyclidine (PCP);
(D) 5 grams or more of lysergic acid diethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both.
(2) In the case of a violation under subsection (a) with respect to a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1) and (3), be imprisoned not more than fifteen years, or fined not more than $125,000, or both.
(3) In the case of a violation under subsection (a) with respect to less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4); be imprisoned not more than five years, or be fined not more than $50,000, or both.
PROHIBITED ACTS B-PENALTIES
SEC. 1011.  Any person who violates section 1004 shall be subject to the following penalties:
(1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 402(c)(1) and (c)(3) shall apply to any civil penalty assessed under this paragraph.
(2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.
SECOND OR SUBSEQUENT OFFENSES
SEC. 1012.  (a) Any person convicted of any offense under this part is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both.
(b) For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of him for a felony under any provision of this title or title II or other law of a State,
the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final.
(c) Section 411 shall apply with respect to any proceeding to sentence a person under this section.
ATTEMPT AND CONSPIRACY
SEC. 1013.  Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
SEC. 1014.  Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
APPLICABILITY OF PART E OF TITLE II
SEC. 1015.  Part E of title II shall apply with respect to functions of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this title, to administrative and judicial proceedings under this title, and to violations of this title, to the same extent that such part applies to functions of the Attorney General (and such officers and employees) under title II, to such proceedings under title II, and to violations of title II. For purposes of the application of this section to section 510 or 511, any reference in such section 510 or 511 to "this title" shall be deemed to be a reference to title III, any reference to section 303 shall be deemed to be a reference to section 1008, and any reference to section 302(d) shall be deemed to be a reference to section 1007(b)(2).
AUTHORITY OF SECRETARY OF TREASURY
SEC. 1016.  Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws.
SEC. 1017.  Section 413 of title II, relating to criminal forfeitures, shall apply in every respect to a violation of this title punishable by imprisonment for more than one year.
Part B—Amendments and REPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS
SEC. 1101. (a) The following provisions of law are repealed: (1) The Act of February 23, 1887 (21 U.S.C. 191-193).
(2) The Narcotic Drugs Import and Export Act (21 U.S.C. 171, 173, 174-184, 185).
(3) The Act of March 28, 1928 (31 U.S.C. 529a).