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 Ante, p. 1253. (1) through (6) of section 303 (a) shall be considered. (b) Registration granted under subsection (a) of this section shall not entitle a registrant to import or export controlled substances in schedule I or II other than those 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) No registration shall be issued under this part for a period in excess of one year. Unless the regulations of the Attorney General Ante, pp. 1253- otherwise provide, section 302(f), 304, 305, and 307 shall apply to persons registered under this section to the same extent such sections apply to persons registered under section 303. 1258. Rules and regulations. (e) 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. (f) 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. (g) A separate registration shall be required at each principal place of business where the applicant imports or exports controlled substances. (h) 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 registrations for the bulk manufacture of the substance an opportunity for a hearing. MANUFACTURE OR DISTRIBUTION FOR PURPOSES OF UNLAWFUL IMPORTATION 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. October 27, 1970 - 55 Pub. Law 91-513 84 STAT. 1290 PROHIBITED ACTS A-PENALTIES SEC. 1010. (a) Any person who (1) contrary to section 1002, 1003, or 1007, knowingly or intionally 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) with respect to a narcotic drug in schedule I or II, the person committing such Ante, p. 1248. violation shall be imprisoned not more than fifteen years, or fined not more than $25,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. (2) In the case of a violation under subsection (a) with respect to a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall be imprisoned not more than five years, or be fined not more than $15,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in in addition to such term of imprisonment, include (A) a special parole term of not less than two years if such controlled substance is in schedule I, II, III, or (B) a special parole term of not less than one year if such controlled substance is in schedule IV. (c) A special parole term imposed under this section or section 1012 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. The special term provided for in this section and in section 1012 is in addition to, and not in lieu of, any other parole provided for by law. 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) Ante, p. 1262. 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. If the conviction is for an offense 84 STAT. 1291 Ante, p. 1242. Ante, p. 1269. Ante, p. 1270. Ante, p. 1274. 24 Stat. 409. 38 Stat. 275. 53 Stat. 1262. 46 Stat. 585; 70 Stat. 575. Pub. Law 91-513 · 56 October 27, 1970 punishable under section 1010(b), and if it is the offender's second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized. (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 the United States 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. ADDITIONAL PENALTIES 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, any reference in such section 510 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. PART B-AMENDMENTS AND REPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS REPEALS SEC. 1101. (a) The following provisions of law are repealed: (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). (4) Sections 2(b), 6, 7, and 8 of the Act of June 14, 1930 (21 U.S.C. 162(b), 173a, 197, 198). October 27. 1970 - 57 (5) The Act of July 3, 1930 (21 U.S.C. 199). Pub. Law 91-513 84 STAT. 1292 46 Stat. 850. (6) Section 6 of the Act of March 28, 1928 (31 U.S.C. 529g). (10) The Narcotics Manufacturing Act of 1960 (21 U.S.C. 501– 517). (b) (1) (A) Chapter 68 of title 18 of the United States Code (relating to narcotics) is repealed. (B) The item relating to such chapter 68 in the analysis of part I of such title 18 is repealed. (2) (A) Section 3616 of title 18 of the United States Code (relating to use of confiscated motor vehicles) is repealed. (B) The item relating to such section 3616 in the analysis of chapter 229 of such title 18 is repealed. (3) (A) Subchapter A of chapter 39 of the Internal Revenue Code of 1954 (relating to narcotic drugs and marihuana) is repealed. (B) The table of subchapters of such chapter 39 is amended by striking out "SUBCHAPTER A. Narcotic drugs and marihuana.” (4) (A) Sections 7237 (relating to violation of laws relating to narcotic drugs and to marihuana) and 7238 (relating to violation of laws relating to opium for smoking) of the Internal Revenue Code of 1954 are repealed. (B) The table of sections of part II of subchapter A of chapter 75 of the Internal Revenue Code of 1954 is amended by striking out the items relating to such sections 7237 and 7238. 53 Stat. 1263. 56 Stat. 1045. 70 Stat. 910. 55 Stat. 584. 74 Stat. 55. 62 Stat. 840. 68A Stat. 549. 26 USC 4701-4776. 70 Stat. 568; 80 Stat. 1449. 26 USC 7237, 7238. (5) (A) Section 7491 of the Internal Revenue Code of 1954 (relating 26 USC 7491. to burden of proof of exemptions in case of marihuana offenses) is repealed. (B) The table of sections for subchapter E of chapter 76 of the Internal Revenue Code of 1954 is amended by striking out the item relating to such section 7491. CONFORMING AMENDMENTS SEC. 1102. (a) Section 4901 (a) of the Internal Revenue Code of 1954 is amended by striking out the comma immediately before “4461” and inserting in lieu thereof "or", and by striking out ", 4721 (narcotic drugs), or 4751 (marihuana)". (b) Section 4905 (b) (1) of the Internal Revenue Code of 1954 (relating to registration) is amended by striking out “, narcotics, marihuana,” and “, 4722, 4753,”. (c) Section 6808 of the Internal Revenue Code of 1954 (relating to special provisions relating to stamps) is amended by striking out paragraph (8). (d) Section 7012 of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out subsections (a) and (b). (e) Section 7103 (d) (3) of the Internal Revenue Code of 1954 (relating to bonds required with respect to certain products) is amended by striking out subparagraph (D). 79 Stat. 149. (f) Section 7326 of the Internal Revenue Code of 1954 (relating 72 Stat. 1429. to disposal of forfeited or abandoned property in special cases) is amended by striking out subsection (b). (g) (1) Section 7607 of the Internal Revenue Code of 1954 (relat- 70 Stat. 570. ing to additional authority for Bureau of Narcotics and Bureau of Customs) is amended— 84 STAT. 1293 70 Stat. 570. 72 Stat. 1430. 68A Stat. 905. 26 USC 7641. 80 Stat. 1438. 58 Stat. 722; 60 Stat. 39. Repeal. 53 Stat. 1262. 49 Stat. 880. 80 Stat. 1444. 68 Stat. 484. (A) by striking out "The Commissioner, Deputy Commissioner, Assistant to the Commissioner, and agents of the Bureau of Narcotics of the Department of the Treasury, and officers" and inserting in lieu thereof "Officers"; (B) by striking out in paragraph (2) "narcotic drugs (as defined in section 4731) or marihuana (as defined in section 1761)" and inserting in lieu thereof "narcotic drugs (as defined in section 102(16) of the Controlled Substances Act) or marihuana (as defined in section 102 (15) of the Controlled Substances Act)"; and (C) by striking out “BUREAU OF NARCOTICS AND" in the section heading. (2) The item relating to section_7607 in the table of contents of subchapter A of chapter 78 of the Internal Revenue Code of 1954 is amended by striking out "Bureau of Narcotics and". (h) Section 7609(a) of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out paragraphs (3) and (4). (i) Section 7641 of the Internal Revenue Code of 1954 (relating to supervision of operations of certain manufacturers) is amended by striking out "opium suitable for smoking purposes,”. (j) Section 7651 of the Internal Revenue Code of 1954 (relating to administration and collection of taxes in possessions) is amended by striking out "and in sections 4705 (b), 4735, and 4762 (relating to taxes on narcotic drugs and marihuana)". (k) Section 7655 (a) of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out paragraphs (3) and (4). (1) Section 2901 (a) of title 28 of the United States Code is amended by striking out "as defined by section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined by section 102 (16) of the Controlled Substances Act". (m) The last sentence of the second paragraph of section 584 of the Act of June 17, 1930 (19 U.S.C. 1584), is amended to read as follows: "As used in this paragraph, the terms 'opiate' and 'marihuana' shall have the same meaning given those terms by sections 102(17) and 102(15), respectively, of the Controlled Substances Act." (n) (1) The first section of the Act of August 7, 1939 (31 U.S.C. 529a), is repealed. (2) Section 3 of such Act (31 U.S.C. 529d) is amended by striking out "or the Commissioner of Narcotics, as the case may be,". (3) Section 4 of such Act (31 U.S.Č. 529e) is amended by striking out "or narcotics" each place it appears. (4) Section 5 of such Act (31 U.S.C. 529f) is amended by striking out "or narcotics" in the first sentence. (o) Section 308 (c) (2) of the Act of August 27, 1935 (40 U.S.C. 304m) is amended by striking out "Narcotic Drug Import and Export Act" and inserting in lieu thereof "Controlled Substances Act”. (p) Paragraph (a) of section 301 of the Narcotic Addict Rehabilitation Act of 1966 (42 U.S.C. 3411) is amended by striking out "as defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102(16) of the Controlled Substances Act". (q) Paragraph (a) of the first section of the Act of July 15, 1954 (46 U.S.C. 239a) is amended to read as follows: "(a) The term 'narcotic drug' shall have the meaning given that term by section 102(16) of the Controlled Substances Act and shall also include marihuana as defined by section 102(15) of such Act." |