PROHIBITED ACTS C-PENALTIES

SEC. 503. (a) It shall be unlawful for any person knowingly or intentionally:

(1) who is a registrant to distribute a controlled dangerous substance clasified in schedule I or II, in the course of his legitimate business, except pursuant to an order form as required by section 308 of this Act;

(2) to use in the course of the manufacture or distribution of a controlled dangerous substance a registration number which is fictitious, revoked, suspended, or issued to another person;

(3) to acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception, or subterfuge;

(4) to furnish false or fraudulent material information in, or omit any material informational from, any application, report, or other document required to be kept or filed under this Act, or any record required to be kept by this Act;

(5) to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting an offense under any provision of this Act. Each separate use of a communication facility shall be a separate offense under this section. 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; it includes mail, telephone, wire, radio, and all other means of communication; and,

(6) 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 a drug a counterfeit controlled dangerous substance. (b) Any person who violates this section is punishable by imprisonment for not more than three years, a fine of not more than $30,000, or both.

ATTEMPT AND CONSPIRACY

SEC. 504. 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.

ADDITIONAL PENALTIES

SEC. 505. 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.

DISTRIBUTION TO PERSONS UNDER AGE EIGHTEEN

SEC. 506. Any person who is at least eighteen years of age who violates subsection 501(a)(1) by distributing a controlled dangerous substance to a person under eighteen years of age who is at least three years his junior is punishable by a term of imprisonment of twice that authorized by subsection 501(c) (1) by the fine authorized by subsection 501 (c) (1) or by both. Any person who is at least eighteen years of age who violates subsection 501 (a) (1) by distributing a controlled dangerous substance to a person under eighteen years of age who is at least three years his junior is punishable by a term of imprisonment up to twice that authorized by subsection 501 (c) (2) and (3) by the fine authorized by subsection 501(c) (2) and (3), or by both. Imposition or execution of such sentence shall not be suspended and probation shall not be granted.

CONDITIONAL DISCHARGE FOR POSSESSION AS FIRST OFFEN SE

SEC. 507. Whenever any person who has not previously been convicted of any offense under this Act or under any statute of the United States or of any State relating to stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance under subsection 501 (d) the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and con

ditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the additional penalties imposed for second or subsequent convictions under section 508 of this Act). Discharge and dismissal under this section may occur only once with respect to any person.

SECOND OR SUBSEQUENT OFFENSES

SEC. 508 (a) or any offense punishable under subsection 501 (c) (1), such person shall, if the offense is a second or subsequent offense, be imprisoned for not less than ten years nor more than forty years and, in addition, may be fined not more than $50,000. Imposition and execution of such sentence shall not be suspended and probation shall not be granted.

(b) Any person convicted of a violation of section 501 (d) involving a schedule I or II substance, the penalty for which is imprisonment for one year or more, is punishable, if the offense is a second or subsequent offense, by a term of imprisonment of not less than five years nor more than twenty years and, in addition, may be fined not more than $20,000. Any person convicted of a violation of section 501 (d) involving a schedule III substance, the penalty for which is imprisonment for one year or less, is punishable, if the offense is a second or subsequent offense, by imprisonment for not more than three years, or a fine of not more than $15,000, or both. Imposition and execution of sentence under this section shall not be suspended and probation shall not be granted.

(c) Any person convicted of any offense other than the offenses set forth in subsections (a) and (b) of this section is, if the offense is a second or subsequent offense, punishable by a term of imprisonment up to twice that otherwise authorized, by the fine otherwise authorized, or by both. Imposition or executive of such sentence shall not be suspended, and probation shall not be granted. If the conviction is for an offense punishable under section 501(c) of this Act, and if it is the offender's third or subsequent offense, section 4202 of title 18 of the United States Code and the Act of July 15, 1932 (47 Stat. 696; D.C. Code 24-201 and following) as amended, shall not apply.

(d) For purposes of subsection (a) of this section, an offense shall be considered a second or subsequent offense, if, prior to the commission of the offense, the offender has at any time been convicted of an offense or offenses under this Act or under any statute of the United States relating to depressant, stimulant, or hallucinogenic drugs, the penalty provided for which was more than one year.

(e) For purposes of subsections (b) and (c) of this section, an offense shall be considered a second or subsequent offense, if, prior to the commission of the offense, the offender has at any time been convicted of an offense or offenses under this Act or under any statute of the United States relating to depressant, stimulant, or hallucinogenic drugs.

(f) After conviction of any offense the penalty for which is provided in this Act (but before pronouncement of sentence), the court shall be advised by the United States attorney whether the conviction is the offender's first or subsequent offense. If it is not a first offense, the United States Attorney shall file an information setting forth the prior convictions, and the offender shall have the opportunity in open court to affirm or deny that he is the person previously convicted. If he denies the identity, sentence shall be postponed to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the person previously convicted or if he acknowledges that he is such person, he shall be sentenced as prescribed in subsection (a), (b), or (c) of this section, as the case may be.

TITLE VI-ADMINISTRATIVE PROVISIONS

DELEGATION OF AUTHORITY-RULES, REGULATIONS, AND PROCEDURES-BEQUESTS AND GIFTS

SEC. 601. The Attorney General may delegate any of his functions under this Act to any officer or employee of the Department of Justice. He may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this Act. He may accept in the name of the Department of Justice any form of devise, bequest,

gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of dangerous substances. He may take all appropriate steps to secure posession of such property and may sell, assign, transfer, or convey any such property other than moneys.

EDUCATION AND RESEARCH

SEC. 602. (a) The Attorney General is authorized and directed to carry out educational and research programs necessary for the effectiye enforcement of this Act. In connection with such programs he is authorized to—

(1) establish methods to assess accurately the effects of controlled dangerous substances and to identify and characterize controlled dangerous substances with potential for abuse;

(2) enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, or special projects which bear directly on misuse and abuse of controlled dangerous substances.

(b) The Attorney General may enter into contracts for educational and research activities without performance bonds and without regard to section 5 of title 41, United States Code.

(c) The Attorney General may authorize persons engaged in research on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are the subjects of such research. Persons who obtain this authorization may not be compelled in any Federal or State civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained.

(d) The Attorney General may authorize the possession and distribution of controlled dangerous substances by persons engaged in research. Persons who obtain this authorization shall be exempt from State or Federal prosecution for possession and distribution of dangerous substances to the extent authorized by the Attorney General.

COOPERATIVE ARRANGEMENTS

SEC. 603. (a) The Attorney General shall cooperate with local, State, and Federal agencies concerning traffic in dangerous substances and in suppressing the abuse of dangerous substances. To this end, he is authorized to—

(1) arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

(2) cooperate in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States;

(3) conduct training programs on dangerous substance law enforcement for local, State, and Federal personnel;

(4) maintain in the Bureau of Narcotics and Dangerous Drugs a unit which will accept, catalog, file, and otherwise utilize all information and statistics, including records of dangerous substance abusers and other dangerous substance law offenders, which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes;

(5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled dangerous substances may be extracted.

(b) When requested by the Attorney General, it shall be the duty of any agency or instrumentality of the Federal Government to furnish assistance, including technical advice, to him for carrying out the purposes of this Act.

SCIENTIFIC ADVISORY COMMITTEE

SEC. 604. (a) The Attorney General shall appoint a committee of experts to advise him with respect to dangerous substances which may be subject to control under this Act, including advice with respect to whether a drug should be controlled pursuant to the criteria contained in section 201 and which schedule is most appropriate for a controlled dangerous substance in accordance with the criteria established in section 202.

(1) The Advisory Committee shall be composed of persons selected by the Attorney General from a list drawn by the National Academy of Sciences. Such persons shall be qualified as experts and have diversified professional back

grounds. If the National Academy of Sciences is unable or refuses to act, the Attorney General shall select the membership of the Committee from other sources. The size of the Committee may be determined by the Attorney General but shall not be less than five persons. Each member of the Committee shall serve for a term of one year and until his successor is appointed and qualifies, and shall be eligible for reappointment.

(2) Members of the Committee shall be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including traveltime) during which they are engaged in the actual performance of duties for the Committee, members of the Committee shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code. The Attorney General shall furnish the Committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedure to be fol lowed by the Committee.

(3) The Attorney General may establish a time limit for the Committee's submission of a written report required by section 201 of this Act.

(4) Referral of a matter to the Committee shall not suspend any administra. tive proceeding unless the Attorney General so directs.

(b) The Attorney General may from time to time appoint other committees to advise him with respect to preventing and controlling the abuse of dangerous substances. Members of the Committee may be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including traveltime) during which they are engaged in the actual performance of duties. While traveling on official business in the performance of duties for the Committee, members of the Committee shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code.

ADMINISTRATIVE HEARINGS

SEC. 605. (a) In carrying out his functions, the Attorney General may hold hearings, sign and issue subpenas, administer oaths, examine witnesses and receive evidence at any place in the United States.

(b) Except as otherwise provided in this Act, notice shall be given and hearings shall be conducted under appropriate procedures of subchapter II of chapter 5, title 5. United States Code.

SUBPENAS

SEC. 606. (a) In any matter relating to the control of dangerous substances, the Attorney General is empowered to subpena witnesses, compel their attendance and testimony and require the production of any records (including books, papers, documents, and tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing: Provided, That a witness shall not be required to appear at any hearing more than five hundred miles distant from the place where he was served with subpena. Witnesses summoned by the Attorney General shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(b) A subpena of the Attorney General may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service.

(c) In the case of contumacy by or refusal to obey a subpena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compliance with the subpena of the Attorney General. The court may issue an order requiring the subpenaed person to appear before the Attorney General, to produce records, if so ordered, or to give testimony touching the

matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.

JUDICIAL REVIEW

SEC. 607. All final determinations, findings, and conclusions of the Attorney General under this Act shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Attorney General may obtain review of the decision in the United States Court of Appeals for the District of Columbia or for the circuit in which his principal place of business is located upon petition filed with the court and delivered to the Attorney General within thirty days after notice of the decision. Findings of fact by the Attorney General, if supported by substantial evidence, shall be conclusive.

TITLE VII-ENFORCEMENT PROVISIONS

POWERS OF ENFORCEMENT PERSONNEL

SEC. 701. (a) Any officer or employee of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice designated by the Attorney General may: (1) carry firearms;

(2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States;

(3) make arrests without warrant for any offense against the United States committed in his presence, or for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony;

(4) make seizures of property pursuant to the provisions of this Act; and, (5) perform such other law enforcement duties as the Attorney General may designate.

(b) Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws.

SEARCH WARRANTS

SEC. 702. (a) A search warrant relating to offenses involving controlled dangerous substances may be served at any time of the day or night if the judge or United States magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.

(b) Any officer authorized to execute a search warrant may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge or United States magistrate issuing the warrant is satisfied that there is probable cause to believe that if such notice were to be given the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, and has included in the warrant a direction that the officer executing it shall not be required to give such notice.

ADMINISTRATIVE INSPECTIONS AND WARRANTS

SEC. 703. (a) Issuance and execution of administrative inspection warrants shall be as follows:

(1) Any judge of the United States or of a State court of record, or any United States magistrate, may, within his jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this Act or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this section, "probable cause" means a valid public interest in the effective enforcement of the Act or regulations sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

(2) A warrant shall issue only upon an affidavit of an officer or employee duly designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge

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