Posts Tagged ‘Federal Courts’

FEDERAL DEFENSE LAWYERS DEFENDING CLIENTS BEFORE THE FEDERAL COURTS OF VIRGINIA

The SRIS Law Group federal defense lawyers aggressively defend clients accused of federal crimes before the federal courts of Alexandria, federal courts of Norfolk, federal courts of Richmond, federal courts of Newport News, federal courts of Abingdon & the federal courts of Charlottesville, federal courts of Roanoke.

If you need a federal defense lawyer in Virginia, contact the SRIS Law Group Virginia federal defense attorneys. We have offices throughout Virginia.

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VIRGINIA FEDERAL COURT CHILD PORNOGRAPHY DEFENSE

A Fairfax Station, Virginia man was indicted Thursday on possession of child pornography after federal agents seized two computers from his residence containing over 9,000 images of child porn and other materials.

According to the documents filed in federal court in Alexandria, federal agents were investigating a criminal organization suspected of operating commercial child pornography Web sites.

The federal government is aggressively prosecuting child pornography cases.

If you are facing Virginia Possession Child Pornography, receipt of child pornography or distribution of child pornography charges in Virginia, you need an experienced Virginia lawyer who is experienced at child pornography cases.

The SRIS Law Group Virginia lawyers have handled a significant number of child pornography cases in Virginia Federal Courts & Virginia State Courts.

If you are seeking an experienced Virginia lawyer to defend you against a child pornography charge, call us today for help.

Our Virginia attorneys will talk to you the same day and give you the help you need.

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VIRGINIA LAWYER – CHILD PORNOGRAPHY

If I am being accused of child pornography in Virginia, do I need Virginia lawyer who has handled a lot of Virginia Child pornography cases or can any Virginia criminal lawyer help me?

Clients frequently have the misconception that a criminal lawyer in Virginia is no different than any other criminal lawyer in Virginia.

This misconception can result in devastating consequences to the client.

Defense of child pornography charges in Virginia requires a thorough understanding of a variety of factors:

• The way the police or Federal agents conduct their sting
• Use of peer to peer software also known as P2P. An example of this software is limewire.
• The factors the court will consider when considering bond on a child pornography case in Virginia state court vs. Virginia Federal Court.
• The significant penalties associated with a charge of possession of child pornography vs. receipt of child pornography vs. distribution of child pornography in the Federal Courts.
• A thorough understanding of Virginia State Criminal Procedure and Federal Criminal Procedure.
• The mental health aspects involved in a child pornography case.

An experienced Virginia lawyer who frequently defends clients charged with child pornography will be able to talk intelligently with the client regarding the above and provide the type of guidance necessary to successfully navigate the client through this very difficult situation.

Contact a Virginia lawyer from the SRIS Law Group if you have been charged with possession, receipt or distribution of child pornography.

When you talk with one of our Virginia lawyers who defend clients charged with a child pornography offense, you will understand why it is so important to have an attorney who has the experience necessary to defend you.

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VIRGINIA IMMIGRATION LAWYERS & MARYLAND IMMIGRATION ATTORNEYS

We Represent Clients Before the Maryland Immigration Board of Appeals, Maryland Immigration Courts, Maryland Federal Courts, Virginia Immigration Board of Appeals, Virginia Immigration Courts & Virginia Federal Courts

You Only Get One Chance – Get It Right the First Time!

The United States immigration attorneys in Virginia & US immigration lawyers in Maryland at SRIS, P.C., handle temporary visas, permanent visas, deportation law, naturalization law, citizenship and asylum law issues for individuals. Our US immigration lawyers in Virginia & US immigration attorneys in Maryland are familiar with the wide variety of immigration concerns (legal and otherwise) that you face. To set up an appointment, contact us by sending us an e-mail or give us a call anytime via our toll free phone number.

The US Immigration attorneys of SRIS, P.C. have offices in Virginia & Maryland.

In Virginia, our offices are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.

In Maryland, our offices are in Rockville & Baltimore.

Please click on the state if you wish to see the BCIS offices in Virginia & Maryland.

At SRIS, P.C., our Maryland immigration lawyers & Virginia immigration attorneys understand how important it is for our immigration clients to get the best result possible.

Our Maryland immigration attorneys & Virginia immigration lawyers and staff at the Virginia & Maryland offices are fluent in a variety of languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For over a decade, we have represented Virginia immigration clients & Maryland immigration clients on immigration-related matters.

We assist individuals with a variety of immigration issues such as temporary visas, permanent visas & other immigration issues, such as:

• Family visa matters, including green cards (permanent resident status) through marriage
• Fiancé visas
• Temporary work visas and permanent residence visas through employer sponsorship
• Adjustment of status
• Extension of visitor visa status
• Change of non-immigrant status, e.g., to and from visitor visa, student visa, temporary worker visa, etc.
• Asylum
• Criminal alien issues
• Deportation/removal proceedings
• Overseas consular processing
• Student visas
• U.S. citizenship and naturalization

Our Virginia Immigration Lawyers & Maryland Immigration Law Attorneys handle all aspects of immigration law filings and case preparation, including:

• Preparing documents so they are in accordance with government guidelines and regulations
• Providing you with detailed instructions about the documents that you will need to provide
• Walking you through every step of the process and making sure you are always well-informed
• Offering estimates concerning the time frame you can expect
• Handling all interactions with government agency personnel

Federal litigation in the U.S. courts

Immigration Litigation in United States Federal Courts of Virginia & United States Federal Courts of Maryland

The SRIS, P.C. U.S. immigration attorneys in Virginia & US immigration lawyers in Maryland have been representing clients before the Virginia federal courts & Maryland federal courts since the late 1990s. Our US immigration attorneys in Virginia & US immigration lawyers in Maryland pursue our client’s cases aggressively and have thorough understanding of immigration laws, immigration procedure & keep abreast of the latest immigration developments.

If you require immediate assistance with an appeal and a stay of deportation due to the denial of your application for a particular visa status by the State Department or the United States Citizenship and Immigration Services (USCIS) was unjust or that processing of the visa is being needlessly delayed, please call us toll free at 888-437-7747 for a consultation with a Maryland immigration lawyer or Virginia immigration attorney from our US immigration litigation legal team.

Writs of Mandamus – Habeas Corpus – Petitions for Declaratory Relief

The Maryland immigration lawyers & Virginia immigration attorneys at SRIS, P.C, regularly file writs and appeals in order to win release for their immigration clients who have been detained or seek approval of desired immigration status for applicants in the U.S. District Courts in Virginia & U.S. District Courts in Maryland. If your case has been delayed for one year or more by the USCIS, you should seriously consult with us regarding filing a Writ of Mandamus complaint with the Federal Court. Federal Courts require the USCIS to explain why it has delayed approval of a case within sixty days of the complaint being filed, and often these cases are resolved within a thirty to sixty-day period. Due to the high volume of applicants in the Washington D.C. Metro area, Virginia & Maryland, USCIS has been at a minimum, slow if not downright unreasonable in its delays in approving cases pending before it for approval.

Whether it is a Writ of Mandamus, a Writ of Coram Nobis or some other form of federal relief, when you meet with one of our US immigration lawyers in Virginia or US immigration attorneys in Maryland, we will discuss your immigration case and your immigration options to gain the necessary relief. Our experience has been that federal agencies are more likely to comply with the law in your case if they know that attorneys with a history of successful federal litigation represent you.

Deportation defense

Virginia & Maryland Deportation Defense Attorneys

The U.S. immigration attorneys of the law firm of SRIS, P.C., have an outstanding track record of defending clients threatened with deportation or detention. If you are faced with deportation and removal proceedings in Virginia or Maryland, we strongly urge you to call us toll free at 888-437-7747, email us or complete our fast on line form for a consultation.

Excellence in Immigration Defense

Our team of immigration attorneys in Virginia & immigration lawyers in Maryland have more than 15 years of experience in cancellation of removal proceedings, waivers of inadmissibility and deportability, and withholding of removal. We also assist in post-conviction remedies and file writs of Habeas Corpus in the U.S. District Court to stop a deportation. Our representation includes appeals of decisions with the Board of Immigration Appeals in Virginia & Board of Immigration Appeals in Maryland, the 4th Circuit Court of Appeals and the Supreme Court of the United States if necessary.

In addition to meeting with immigration clients at our offices in Virginia & Maryland, in person or via telephone and tele-video conferencing, our immigration defense attorneys travel predominantly to South Asia to represent our clients.

A Defense tailored for Each Client

The U.S. Immigration and Customs Enforcement (ICE) may initiate deportation proceedings for a variety of reasons. A visa holder’s criminal conviction, an unfavorable decision in an asylum application or a denial of a visa petition may cause ICE to issue a notice to appear in immigration court. Our Maryland immigration attorneys & Virginia immigration lawyers are dedicated, experienced and have a record of victories.

If you need an experienced and qualified Maryland immigration lawyer or Virginia immigration attorney to help you and your family live and stay in the United States, contact SRIS, P.C., today. As a rule, we make a sincere effort to respond to all phone calls within 8 hours, maximum.

We have offices in Virginia & Maryland to better serve you. To view our different office locations , please click on the link.

Our immigration attorneys are licensed to handle immigration cases in Virginia, Maryland, D.C. & Massachusetts, however we handle immigration matters only in Virginia & Maryland at the present time.

Please click on attorneys to learn more about the immigration lawyers who assist clients with individual immigration cases in Virginia & immigration cases in Maryland.

IMMIGRATION LAW E-Newsletter

Individual Immigration Law E-Newsletter

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INDECENT EXPOSURE DEFENSE LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

A person who intentionally and deliberately exposes a portion or portions of his/her private body parts, i.e. their genitalia, in an environment where such an exposure is likely to be considered a violation of the prevalent standards of decency may be charged with indecent exposure. Depending on the state in the United States where the offense is charged, the charge may be charged as a misdemeanor or a felony. In many states, an act of indecent exposure to a minor is charged as a felony.

Generally, to be charged with indecent exposure, the law requires the indecent exposure to happen in a public place. However, a person can be on private property such as their deck or porch and if they expose a portion or portions of their body that is considered indecent, they may still be charged with indecent exposure. Some of the different types of acts that can result in indecent exposure charges are masturbation, sexual intercourse or exhibitionism in a public place.

Please contact the Law Offices of SRIS, P.C. if you have been charged with indecent exposure in Virginia, Maryland or Massachusetts.

If you wish to learn more about the laws regarding indecent exposure in the the above mentioned states, please click on the respective state.

• Indecent Exposure in Virginia
• Indecent Exposure in Maryland
• Indecent Exposure in Massachusetts

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

• In Virginia, our offices are in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, our offices are in Rockville & Annapolis.
• In Massachusetts, our office is in Boston.

We also represent clients charged with indecent exposure in the federal courts of Virginia, Maryland & Massachusetts.

Our attorneys are licensed to handle indecent exposure cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle indecent exposure charges only in Virginia, Maryland & Massachusetts.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Tamil, Spanish, French, Arabic, Hindi, Malaysian, Cantonese, Mandarin, and Telugu.

For more information, or to make an appointment with a SRIS, P.C. attorney in Virginia, Maryland or Massachusetts, call us at 888-437-7747, send us an e-mail or fill out our on-line form.

To learn more about the attorneys who represent clients charged with indecent exposure in Virginia, Maryland & Massachusetts, please click on lawyers.

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Internet Sex Crime Defense Attorneys

Licensed in Virginia, Maryland, D.C. & Massachusetts

Defending Clients in both State and Federal Courts

If you have been charged with an internet sex crime or computer sex crime in Virginia, Maryland or Massachusetts, then you have been targeted for prosecution by a special internet sex crimes taskforce. Defending clients accused of an internet sex crime or computer sex crime requires the skills of a lawyer who is both an aggressive criminal defense lawyer and is extremely knowledgeable about computers.

The Massachusetts, Maryland & Virginia computer sex crimes attorneys of SRIS, P.C. are uniquely situated to defend clients accused on an internet sex crime or computer sex crime. The Maryland, Massachusetts & Virginia sex crime defense attorneys at SRIS, P.C. are extremely knowledgeable about computers and they also have an entire internal IT department available to answer their queries regarding computers and the internet. Most clients don’t realize that Virginia, Maryland & Massachusetts are prosecuting people accused of a computer sex crime with an attitude of no mercy. In fact, even the local counties and cities in Virginia, Maryland & Massachusetts are starting up internet sex crimes task forces. Due to the worldwide presence of the web, a person who is accused of breaking a law regarding an internet sex crime can be prosecuted in an entirely different part of the state or even another state or country.

Virginia, Maryland & Massachusetts have different laws regarding internet sex crimes. Compounding that is the federal government’s own laws regarding internet sex crimes & computer sex crimes. Most jurisdictions are now taking the position that if a person accused of an internet sex crime does not plead guilty to the charges as presented, then they will simply turn the case over to the Feds (federal government) for prosecution. The state governments are leveling this threat because they are aware that most attorneys are not willing to take on the federal government if it decides to prosecute a case.

We have offices in Virginia, Maryland & Massachusetts to better serve you.

The Law Offices of SRIS, P.C. has represented many clients charged with the following types of sex crimes:

• Internet Child pornography
• Stalking charges facilitated through the internet
• Solicitation of a minor via chat room
• Entrapment by Police Officers posing as juveniles on line

If you believe you have been targeted for prosecution for an internet sex crime or online sex crime in Virginia, Maryland or Massachusetts, contact us immediately. Do not talk to law enforcement without the protection and guidance of a skilled computer sex crime defense attorney who is knowledgeable about internet sex crime prosecution. Please remember, our internet sex crimes defense lawyers are very experienced in representing clients charged with internet sex crimes & online sex crimes in both the state and federal courts of Virginia, Maryland & Massachusetts.

Our attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle internet sex crimes cases only in Virginia, Maryland & Massachusetts.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Tamil, Spanish, French, Arabic, Hindi, Malaysian, Cantonese, Mandarin, and Telugu.

For more information, or to make an appointment with a SRIS, P.C. attorney in Virginia, Maryland or Massachusetts, call us at 888-437-7747 or fill out our on-line form.

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MARYLAND CRIMINAL APPELLATE ATTORNEYS

WRITS & APPEALS – POST CONVICTION RELIEF IN MARYLAND

When a loved one is convicted of an offense that you know they did not do, or even if you think you have been convicted of an offense due to an error by the court or the lawyer handling your case, the uncertainty can be emotionally devastating. This is where we can help. Contact our Maryland criminal appellate attorneys and begin by telling us the following:

• why you think the conviction should not have occurred;
• what steps you took to prevent the conviction from happening;

Once you give our Maryland criminal appellate lawyers some basic information, we will tell you whether we can attempt to help or not. If we think, we can help you, then we will ask you to gather all the documentation in regards to your case and then retain our services to review the file and tell you whether we think you definitely should file an appeal or not.

If you would like to learn more information about our Maryland criminal appeals’ team, please feel free to call our office via our toll free number. You can also contact a SRIS, P.C. Maryland criminal appellate attorney by sending us an e-mail or by filling out our on-line form. We have two offices in Maryland to better serve you.

The Maryland criminal appellate lawyers of SRIS, P.C file writs and appeals in Maryland state and federal courts. We routinely tell people who want to file a writ or an appeal that TIME IS OF THE ESSENCE. Our Maryland criminal appeal lawyers tell our clients that if all the steps of a writ or an appeal are not handled in a timely manner, then the client may never be able to find justice. The Maryland state and federal courts place severe deadlines on people who wish to file an appeal. Also, there is a tremendous amount of information that has to be gathered to prepare a criminal case for an appeal.

To learn more about the laws pertaining to criminal appeals & writs in Virginia or Massachusetts, please click on the state.

The following are some of the Maryland Appellate and Post Conviction Laws.

If you would like to have a better understanding of these Laws, please click on any of the following issues:

• Right to begin proceeding
• Appeal of final order
• Petition
• Right to counsel and hearing

Maryland Post Conviction Relief

Maryland Code § 7-102. Right to begin proceeding (top)

(a) Subject to subsection (b) of this section, §§ 7-103 and 7-104 of this subtitle and Subtitle 2 of this title, a convicted person may begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time if the person claims that:
(1) the sentence or judgment was imposed in violation of the Constitution of the United States or the Constitution or laws of the State;
(2) the court lacked jurisdiction to impose the sentence;
(3) the sentence exceeds the maximum allowed by law; or
(4) the sentence is otherwise subject to collateral attack on a ground of alleged error that would otherwise be available under a writ of habeas corpus, writ of Coram nobis, or other common law or statutory remedy.
(b) A person may begin a proceeding under this title if:
(1) the person seeks to set aside or correct the judgment or sentence; and
(2) the alleged error has not been previously and finally litigated or waived in the proceeding resulting in the conviction or in any other proceeding that the person has taken to secure relief from the person’s conviction.

Maryland Code § 7-109. Appeal of final order (top)

(a) Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Court of Special Appeals for leave to appeal the order.
(b)(1) The application for leave to appeal shall be in the form set by the Maryland Rules.
(2) If the Attorney General or a State’s Attorney states an intention to file an application for an appeal under this section, the court may:
(i) stay the order; and
(ii) set bail for the petitioner.
(3) If the application for leave to appeal is granted:
(i) the procedure for the appeal shall meet the requirements of the Maryland Rules; and
(ii) the Court of Special Appeals may:
1. affirm, reverse, or modify the order appealed from; or
2. remand the case for further proceedings.
(4) If the application for leave to appeal is denied, the order sought to be reviewed becomes final.
(c) The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:
(1) a person seeks a review under this section within 30 days after judgment;
(2) the Court of Special Appeals grants leave to appeal under this section; and
(3) the Court of Special Appeals finds that the person is unable to pay the costs of the review.

RULE 4-402. PETITION (top)

(a) Content. The petition shall state whether or not petitioner is able to pay costs of the proceeding or to employ counsel and shall include:
(1) The petitioner’s name, place of confinement, and inmate identification number.
(2) The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed.
(3) The allegations of error upon which the petition is based
(4) A concise statement of facts supporting the allegations of error
(5) The relief sought.
(6) A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon.
(7) A statement of the facts or special circumstances which show that the allegations of error have not been waived.

Maryland Code § 7-108. Right to counsel and hearing (top)

(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
(b)(1) If a person seeks to reopen a post conviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2) If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:
(i) appoint counsel;
(ii) hold a hearing; or
(iii) act on the petition.

Do you believe that justice was done? Do you think that you were mistakenly found guilty of a crime? Are you interested in finding out whether a criminal charge against yourself or a loved one can be reversed? Contact a SRIS, P.C. criminal appeal lawyer to see what options you may have. Send us an e-mail or fill out our on-line form.

The Maryland criminal appeals attorneys and Law Offices of SRIS, P.C., is located in Rockville and Annapolis but our sphere of activity is statewide.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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FEDERAL CRIMINAL DEFENSE ATTORNEYS – MASSACHUSETTS

REPRESENTING CLIENTS BEFORE THE FEDERAL COURTS OF MASSACHUSETTS

The Massachusetts Federal Defense attorneys of SRIS, P.C. assist clients with criminal defense and traffic defense before the following Federal courts of Massachusetts:

Boston, MA Federal Courthouse
1 Courthouse Way
Boston, Massachusetts 02210

Worcester, MA Federal Courthouse
595 Main Street
Worcester, Massachusetts 01608

Springfield, MA Federal Courthouse
1550 Main Street
Springfield, Massachusetts 01103

The Massachusetts Federal criminal and traffic defense attorneys of Massachusetts represent clients before the federal courts of Massachusetts primarily in the areas of:

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Licensed in Virginia, Maryland, D.C. & Massachusetts

Federal DUI/DWI, Reckless Driving, Suspended License, Speeding & Traffic Offenses

SRIS, P.C. is a law firm with a strong presence in Federal Courts.

The firm has offices in Virginia, Maryland & Massachusetts.

• Our offices in Virginia are located in Fairfax, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are located in Rockville & Annapolis.
• Our office in Massachusetts is in Boston.

The attorneys of SRIS, P.C. who practice in Federal Court ensure that they stay current with the Federal Traffic Laws and Federal Criminal Procedure.

They primarily concentrate on defending those clients who are charged with DUI, DWI & other serious traffic offenses such as Reckless Driving & Driving on Suspended offenses on property designated as federal land.

If you wish to consult a SRIS, P.C. Federal DUI, DWI or traffic lawyer in Virginia, Maryland or Massachusetts, please simply contact us via e-mail or our toll free phone number.

A Federal traffic attorney of SRIS, P.C. will discuss your case and advise you as to your options.

To make an appointment to speak with a SRIS, P.C. Federal DUI & DWI lawyer or traffic attorney, please call, send an e-mail or complete the on-line form.

The attorneys of SRIS, P.C. handle Federal cases in the following courthouses:

• The Virginia Federal Courthouses
• The Maryland Federal Courthouses
• The Massachusetts Federal Courthouses

If you would like to have a better understanding of some of the Federal Traffic Laws, please feel free to read following information:

• Laws of States adopted for areas within Federal jurisdiction
• Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
• Implied consent for certain tests
• Operation of motor vehicles by intoxicated minors
• Alcohol-impaired driving countermeasures
• Applicability and scope
• State law applicable
• Authorized emergency vehicles
• Traffic control devices
• Obstructing traffic
• Open container of alcoholic beverage
• Safety belts
• Right of way
• Speed limits
• Unsafe operation
• Operating under the influence of alcohol or drugs
• Suspension or revocation of driving privileges

18 U.S.C.A. § 13. Laws of States adopted for areas within Federal jurisdiction (top)

(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if–
(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B) For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

23 U.S.C.A. § 164 Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence (top)

(a) Definitions. –In this section, the following definitions apply:
(1) Alcohol concentration. –The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(2) Driving while intoxicated; driving under the influence.–The terms “driving while intoxicated” and “driving under the influence” mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State.
(3) License suspension.–The term “license suspension” means the suspension of all driving privileges.
(4) Motor vehicle.–The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.
(5) Repeat intoxicated driver law. –The term “repeat intoxicated driver law” means a State law that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall–
(A) receive a driver’s license suspension for not less than 1 year;
(B) be subject to the impoundment or immobilization of each of the individual’s motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;
(C) receive an assessment of the individual’s degree of abuse of alcohol and treatment as appropriate; and
(D) receive–
(i) in the case of the second offense–
(I) an assignment of not less than 30 days of community service; or
(II) not less than 5 days of imprisonment; and
(ii) in the case of the third or subsequent offense–
(I) an assignment of not less than 60 days of community service; or
(II) not less than 10 days of imprisonment.
(b) Transfer of funds.–
(1) Fiscal years 2001 and 2002.–On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1 1/2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402–
(A) to be used for alcohol-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2003 and fiscal years thereafter.–On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).
(3) Use for hazard elimination program.–A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.
(4) Federal share.–The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.–The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(6) Transfer of obligation authority.–
(A) In general.–If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal- aid highways and highway safety construction programs for carrying out projects under section 402.
(B) A mount.–The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying–
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that–
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation.–Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.

18 U.S.C.A. § 3118. Implied consent for certain tests (top)

(a) Consent. –Whoever operates a motor vehicle in the special maritime and territorial jurisdiction of the United States consents thereby to a chemical test or tests of such person’s blood, breath, or urine, if arrested for any offense arising from such person’s driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.

(b) Effect of Refusal. –Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such person’s driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so.

23 U.S.C.A. § 161 Operation of motor vehicles by intoxicated minors (top)

(a) Withholding of apportionments for noncompliance.–
(1) Fiscal year 1999.–The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.
(2) Thereafter.–The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 1999, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.
(3) Requirement.–A State meets the requirement of this paragraph if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol.
(b) Period of availability; effect of compliance and non-compliance.–
(1) Period of availability of withheld funds.–
(A) Funds withheld on or before September 30, 2000.–Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.
(B) Funds withheld after September 30, 2000.–No funds withheld under this section from apportionment to any State after September 30, 2000, shall be available for apportionment to the State.
(2) Apportionment of withheld funds after compliance.–If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.
(3) Period of availability of subsequently apportioned funds.–Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.
(4) Effect of noncompliance.–If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall lapse.

Here are some of the charges you could face for a traffic violation on federal property.

36 C.F.R. § 4.1 Applicability and scope. (top)

The applicability of the regulations in this part is described in § 1.2 of this chapter. The regulations in this part also apply, regardless of land ownership, on all roadways and parking areas within a park area that are open to public traffic and that are under the legislative jurisdiction of the United States.

§ 4.2 State law applicable. (top)

(a) Unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this part.
(b) Violating a provision of State law is prohibited.

§ 4.3 Authorized emergency vehicles. (top)

(a) The operator of an authorized emergency vehicle, when responding to an emergency or when pursuing or apprehending an actual or suspected violator of the law, may:
(1) Disregard traffic control devices;
(2) Exceed the speed limit; and
(3) Obstruct traffic.
(b) The provisions of paragraph (a) of this section do not relieve the operator from the duty to operate with due regard for the safety of persons and property.

§ 4.12 Traffic control devices. (top)

Failure to comply with the directions of a traffic control device is prohibited unless otherwise directed by the superintendent.

§ 4.13 Obstructing traffic. (top)

The following are prohibited:
(a) Stopping or parking a vehicle upon a park road, except as authorized by the superintendent, or in the event of an accident or other condition beyond the control of the operator.
(b) Operating a vehicle so slowly as to interfere with the normal flow of traffic.

§ 4.14 Open container of alcoholic beverage. (top)

(a) Each person within a motor vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of a motor vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken or the contents of which have been partially removed, within a motor vehicle in a park area is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if a motor vehicle is not equipped with a trunk, to an open container stored in some other portion of the motor vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers; or
(2) An open container stored in the living quarters of a motor home or camper; or
(3) Unless otherwise prohibited, an open container carried or stored in a motor vehicle parked at an authorized campsite where the motor vehicle’s occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a motor vehicle.

§ 4.15 Safety belts. (top)

(a) Each operator and passenger occupying any seating position of a motor vehicle in a park area will have the safety belt or child restraint system properly fastened at all times when the vehicle is in motion. The safety belt and child restraint system will conform to applicable United States Department of Transportation standards.
(b) This section does not apply to an occupant in a seat that was not originally equipped by the manufacturer with a safety belt nor does it apply to a person who can demonstrate that a medical condition prevents restraint by a safety belt or other occupant restraining device.

§ 4.20 Right of way. (top)

An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack animals and vehicles drawn by animals. Failure to yield the right of way is prohibited.

§ 4.21 Speed limits. (top)

(a) Park area speed limits are as follows:
(1) 15 miles per hour: within all school zones, campgrounds, picnic areas, parking areas, utility areas, business or residential areas, other places of public assemblage and at emergency scenes.
(2) 25 miles per hour: upon sections of park road under repair or construction.
(3) 45 miles per hour: upon all other park roads.
(b) The superintendent may designate a different speed limit upon any park road when a speed limit set forth in paragraph (a) of this section is determined to be unreasonable, unsafe or inconsistent with the purposes for which the park area was established. Speed limits shall be posted by using standard traffic control devices.
(c) Operating a vehicle at a speed in excess of the speed limit is prohibited.
(d) An authorized person may utilize radiomicrowaves or other electrical devices to determine the speed of a vehicle on a park road. Signs indicating that vehicle speed is determined by the use of radiomicrowaves or other electrical devices are not required.

§ 4.22 Unsafe operation. (top)

(a) The elements of this section constitute offenses that are less serious than reckless driving. The offense of reckless driving is defined by State law and violations are prosecuted pursuant to the provisions of section 4.2 of this chapter.
(b) The following are prohibited:
(1) Operating a motor vehicle without due care or at a speed greater than that which is reasonable and prudent considering wildlife, traffic, weather, road and light conditions and road character.
(2) Operating a motor vehicle in a manner which unnecessarily causes its tires to squeal, skid or break free of the road surface.

(3) Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife.
(4) Operating a motor vehicle while allowing a person to ride:
(i) On or within any vehicle, trailer or other mode of conveyance towed behind the motor vehicle unless specifically designed for carrying passengers while being towed; or
(ii) On any exterior portion of the motor vehicle not designed or intended for the use of a passenger. This restriction does not apply to a person seated on the floor of a truck bed equipped with sides, unless prohibited by State law.

§ 4.23 Operating under the influence of alcohol or drugs. (top)

(a) Operating or being in actual physical control of a motor vehicle is prohibited while:
(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or
(2) The alcohol concentration in the operator’s blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator’s blood or breath, those limits supersede the limits specified in this paragraph.

(b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug.
(c) Tests.
(1) At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content.
(2) Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding.
(3) Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person.
(4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use.
(d) Presumptive levels.
(1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator’s blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol.
(2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other competent evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol, or a drug, or drugs, or any combination thereof.

§ 636.3 Suspension or revocation of driving privileges. (top)

In addition to the requirements of § 634.10 of this subchapter:
(a) Administrative suspension or revocation of installation driving privileges applies to the operation of a motor vehicle on Fort Stewart/Hunter Army Airfield.
(b) Installation driving privileges will be suspended for up to 6 months for drivers who accumulate 12 traffic points within 12 consecutive months, or 18 traffic points within 24 consecutive months.
(c) The Garrison Commander and Deputy Garrison Commander are designated as suspension/revocation authorities for:
(1) Suspension of driving privileges should the evidence indicate that a charge of driving under the influence is warranted or;
(2) The suspension/revocation for accumulation of 12 traffic points within 12 months or 18 points within 24 consecutive months.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

Our attorneys who provide federal DUI/DWI & serious federal traffic violation representation in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Our federal attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our federal attorneys handle legal matters in federal court only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the federal traffic defense lawyers who assist clients with DUI/DWI, reckless driving & driving on suspended or revoked license on federal property in Virginia, Maryland or Massachusetts.

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FEDERAL DRUG DEFENSE LAWYERS

WE REPRESENT CLIENTS IN THE MASSACHUSETTS, MARYLAND & VIRGINIA FEDERAL COURTS

In the Federal Courts of the United States of America, the illicit possession of controlled substance is illegal. The federal attorneys of the Law Offices of SRIS, P.C. have a number of excellent Federal drug defense attorneys & possession of controlled substance defense lawyers with offices in Virginia, Maryland & Massachusetts.

• The offices in Virginia are located in Fairfax, Manassas, Richmond, Virginia Beach, Virginia.
• The offices in Maryland are located in Rockville & Annapolis.
• The office in Massachusetts is in Boston

For more information or to make an appointment with SRIS, P.C. federal drug defense lawyer, please call, send an e-mail or complete the on-line form.

Our attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

The attorneys of SRIS, P.C. handle Federal cases in the following courthouses:

• The Virginia Federal Courthouses
• The Maryland Federal Courthouses
• The Massachusetts Federal Courthouses

If you would like to have a better understanding of some of Federal Drug Laws, please feel free to read following.

• Illegal use of drugs
• Distribution to persons under age twenty-one
• Employment or use of persons under 18 years of age in drug operations
• Prohibited acts C
• Drug paraphernalia
• Distribution or manufacturing in or near schools and colleges
• Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside
• Prohibited acts A
• Prohibited acts B
• Penalties for simple possession
• Possession, manufacture, or distribution of controlled substance
• Investment of illicit drug profits
• Maintaining drug-involved premises
• Endangering human life while illegally manufacturing controlled substance
• Anhydrous ammonia
• Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs
• Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

Federal Drug Laws

42 U.S.C.A. § 12210- Illegal use of drugs (top)

(d) “Illegal use of drugs” defined
(1) In general
The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C.A. § 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act [21 U.S.C.A. § 801 et seq.] or other provisions of Federal law.

(2) Drugs
The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [21 U.S.C.A. § 812].

21 U.S.C.A. § 859- Distribution to persons under age twenty-one (top)

(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) of this section) 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 U.S.C.A. § 861-Employment or use of persons under 18 years of age in drug operations (top)

(a) Unlawful acts
It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally–
(1) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this subchapter or subchapter II of this chapter;
(2) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detection or apprehension for any offense of this subchapter or subchapter II of this chapter by any Federal, State, or local law enforcement official; or
(3) receive a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this subchapter or subchapter II of this chapter.

(b) Penalty for first offense
Any person who violates subsection (a) of this section is subject to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year.
(c) Penalty for subsequent offenses
Any person who violates subsection (a) of this section after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.
(d) Penalty for providing or distributing controlled substance to underage person
Any person who violates subsection (a)(1) or (2) of this section [FN1]
(1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to any person under eighteen years of age; or
(2) if the person employed, hired, or used is fourteen years of age or younger,
shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section.
(e) Suspension of sentence; probation; parole
In any case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under section 4202 of Title 18 until the individual has served the mandatory term of imprisonment as enhanced by this section.
(f) Distribution of controlled substance to pregnant individual
Except as authorized by this subchapter, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this subchapter. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e) of this section.
[FN1] So in original. Probably should be followed by a dash.

21 U.S.C.A. § 843- Prohibited acts C (top)

(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 of this chapter, 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 of this chapter;
(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 of this chapter or, in the case of an exportation, in violation of this subchapter or subchapter II of this chapter 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 of this chapter.

(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 of this chapter. 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
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 [FN1] 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 [FN1] I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule [FN1] 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 [FN1] I 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 of this chapter 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) of this section, 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) of this section;
(B) for a felony under any other provision of this subchapter or subchapter II of this chapter; 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.

(e) Additional penalties

In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.
(f) Injunctions
(1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to violations of this section, section 842, or 856 [FN2] of this title.
(2) Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business.
(3) Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain violations of this section or section 842 of this title.
(4) The court shall proceed as soon as practicable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
[FN1] So in original. Probably should not be capitalized.
[FN2] So in original. Probably should be preceded by “section”.

21 U.S.C.A. § 863- Drug paraphernalia (top)

(a) In general
It is unlawful for any person–
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.

(b) Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under Title 18.
(c) Seizure and forfeiture
Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
(d) “Drug paraphernalia” defined
The term “drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, [FN1] cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as–
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
(e) Matters considered in determination of what constitutes drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) instructions, oral or written, provided with the item concerning its use;
(2) descriptive materials accompanying the item which explain or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in the community; and
(8) expert testimony concerning its use.
(f) Exemptions
This section shall not apply to–
(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.
[FN1] So in original. Probably should be “marihuana”. Compare 21 U.S.C.A. § 802(16).

21 U.S.C.A. § 860-Distribution or manufacturing in or near schools and colleges (top)

(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) of this section) 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.
(b) Second offenders
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, after a prior conviction under subsection (a) of this section has become final is punishable (1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) three times the maximum punishment authorized by section 841(b) of this title for a first offense, and (2) at least three times any term of supervised release authorized by section 841(b) of this title for a first offense. A fine up to three times 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 three years. Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.
(c) Employing children to distribute drugs near schools or playgrounds
Notwithstanding any other law, any person at least 21 years of age who knowingly and intentionally–
(1) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to violate this section; or
(2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension for any offense under this section by any Federal, State, or local law enforcement official, is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 841 of this title.
(d) Suspension of sentence; probation; parole
In the case of any mandatory minimum sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section shall not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section.
(e) Definitions
For the purposes of this section–
(1) The term “playground” means any outdoor facility (including any parking lot
appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards.
(2) The term “youth center” means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
(3) The term “video arcade facility” means any facility, legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten pinball and/or video machines.
(4) The term “swimming pool” includes any parking lot appurtenant thereto.

21 U.S.C.A. § 860a- Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside (top)

Whoever violates section 841(a)(1) of this title by manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine or its salts, isomers or salts of isomers on premises in which an individual who is under the age of 18 years is present or resides, shall, in addition to any other sentence imposed, be imprisoned for a period of any term of years but not more than 20 years, subject to a fine, or both.

21 U.S.C.A. § 841- Prohibited acts A (top)

(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally–
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

(b) Penalties
Except as otherwise provided in section 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this section involving–
(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of–
(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii) 50 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 1000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 1,000 or more marijuana plants regardless of weight; or
(viii) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. Notwithstanding section 3583 of Title 18, any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
(B) In the case of a violation of subsection (a) of this section involving–
(i) 100 grams or more of a mixture or substance containing a detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance containing a detectable amount of–
(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii) 5 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 100 or more marijuana plants regardless of weight; or
(viii) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of Title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
(C) In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of Title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.
(D) In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of Title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country 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 6 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such persons shall be sentenced to a term of imprisonment of not more than 2 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual, or both.
(4) Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in section 844 of this title and section 3607 of Title 18.
(5) Any person who violates subsection (a) of this section by cultivating or manufacturing a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed–
(A) the amount authorized in accordance with this section;
(B) the amount authorized in accordance with the provisions of Title 18;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an individual;
or both.
(6) Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use–
(A) creates a serious hazard to humans, wildlife, or domestic animals,
(B) degrades or harms the environment or natural resources, or
(C) pollutes an aquifer, spring, stream, river, or body of water,shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.
(7) Penalties for distribution. (A) In general. Whoever, with intent to commit a crime of violence, as defined in section 16 of Title 18 (including rape), against an individual, violates subsection (a) of this section by distributing a controlled substance or controlled substance analogue to that individual without that individual’s knowledge, shall be imprisoned not more than 20 years and fined in accordance with Title 18.
(B) Definitions. For purposes of this paragraph, the term “without that individual’s knowledge” means that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.

(c) Offenses involving listed chemicals
Any person who knowingly or intentionally–
(1) possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this subchapter; or
(3) with the intent of causing the evasion of the recordkeeping or reporting requirements of section 830 of this title, or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required; shall be fined in accordance with Title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, or both.
(d) Boobytraps on Federal property; penalties; “boobytrap” defined
(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under Title 18, or both.
(2) If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under Title 18, or both.
(3) For the purposes of this subsection, the term “boobytrap” means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.
(e) Ten-year injunction as additional penalty
In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.

(f) Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in violation of this subchapter (other than in violation of a recordkeeping or reporting requirement of section 830 of this title) shall, except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, be fined under Title 18 or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 830 of this title have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be fined under Title 18 or imprisoned not more than one year, or both.
(g) Internet sales of date rape drugs
(1) Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that–
(A) the drug would be used in the commission of criminal sexual conduct; or
(B) the person is not an authorized purchaser;
shall be fined under this subchapter or imprisoned not more than 20 years, or both.
(2) As used in this subsection:
(A) The term “date rape drug” means–
(i) gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4-butanediol;
(ii) ketamine;
(iii) flunitrazepam; or
(iv) any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of Title 5, to be used in committing rape or sexual assault.

The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority.
(B) The term “authorized purchaser” means any of the following persons, provided such person has acquired the controlled substance in accordance with this chapter:
(i) A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A “qualifying medical relationship” means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice.
(ii) Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this chapter.
(iii) A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any “date rape drug” for which a prescription is not required.
(3) The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4-butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this chapter.

21 U.S.C.A. § 842-Prohibited acts B (top)

(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 of this chapter;
(6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II of this chapter;
(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 of this chapter, 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 [FN1] 830(a)(3) of this title;
(10) negligently to fail to keep a record or make a report 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 of this chapter, 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; or
(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.

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.
(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) 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) of this section, the civil penalty shall not exceed $10,000.
(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 of this chapter 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 of this chapter, any business that violates paragraph (11) of subsection (a) of this section 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.
[FN1] So in original. The word “section” probably should follow.

21 U.S.C.A. § 844- Penalties for simple possession (top)

(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. It shall be unlawful for any person knowingly or intentionally to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under section 823 of this title or section 958 of this title if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500, except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000. Notwithstanding the preceding sentence, a person convicted under this subsection for the possession of a mixture or substance which contains cocaine base shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000, if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram. Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of Title 28, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of Title 18 that the defendant lacks the ability to pay.
(c) “Drug, narcotic, or chemical offense” defined
As used in this section, the term “drug, narcotic, or chemical offense” means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this subchapter.
21 U.S.C.A. § 844a- Civil penalty for possession of small amounts of certain controlled substances

(a) In general
Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(b) Income and net assets
The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.
(c) Prior conviction
A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.
(d) Limitation on number of assessments
A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment
A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of Title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.
(f) Compromise
The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.
(g) Judicial review
If the Attorney General issues an order pursuant to subsection (e) of this section after a hearing described in such subsection, the individual who is the subject of the order may, before the expiration of the 30-day period beginning on the date the order is issued, bring a civil action in the appropriate district court of the United States. In such action, the law and the facts of the violation and the assessment of the civil penalty shall be determined de novo, and shall include the right of a trial by jury, the right to counsel, and the right to confront witnesses. The facts of the violation shall be proved beyond a reasonable doubt.
(h) Civil action
If an individual does not request a hearing pursuant to subsection (e) of this section and the Attorney General issues an order pursuant to such subsection, or if an individual does not under subsection (g) of this section seek judicial review of such an order, the Attorney General may commence a civil action in any appropriate district court of the United States for the purpose of recovering the amount assessed and an amount representing interest at a rate computed in accordance with section 1961 of Title 28. Such interest shall accrue from the expiration of the 30-day period described in subsection (g) of this section. In such an action, the decision of the Attorney General to issue the order, and the amount of the penalty assessed by the Attorney General, shall not be subject to review.
(i) Limitation
The Attorney General may not under this subsection [FN1] commence proceeding against an individual after the expiration of the 5-year period beginning on the date on which the individual allegedly violated subsection (a) of this section.
(j) Expungement procedures
The Attorney General shall dismiss the proceedings under this section against an individual upon application of such individual at any time after the expiration of 3 years if–
(1) the individual has not previously been assessed a civil penalty under this section;
(2) the individual has paid the assessment;
(3) the individual has complied with any conditions imposed by the Attorney General;
(4) the individual has not been convicted of a Federal or State offense relating to a controlled substance; and
(5) the individual agrees to submit to a drug test, and such test shows the individual to be drug free.
A nonpublic record of a disposition under this subsection shall be retained by the Department of Justice solely for the purpose of determining in any subsequent proceeding whether the person qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose.
[FN1] So in original. Probably should be “section”.

21 U.S.C.A. § 959 Possession, manufacture, or distribution of controlled substance (top)

(a) Manufacture or distribution for purpose of unlawful importation
It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical–
(1) intending that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; or
(2) knowing that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.

(b) Possession, manufacture, or distribution by person on board aircraft
It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to–
(1) manufacture or distribute a controlled substance or listed chemical; or
(2) possess a controlled substance or listed chemical with intent to distribute.

(c) Acts committed outside territorial jurisdiction of United States; venue
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.

21 U.S.C.A. § 854- Investment of illicit drug profits (top)

(a) Prohibition
It shall be unlawful for any person who has received any income derived, directly or indirectly, from a violation of this subchapter or subchapter II of this chapter punishable by imprisonment for more than one year in which such person has participated as a principal within the meaning of section 2 of Title 18 to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this section if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any violation of this subchapter or subchapter II of this chapter after such purchase do not amount in the aggregate to 1 per centum of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
(b) Penalty
Whoever violates this section shall be fined not more than $50,000 or imprisoned not more than ten years, or both.
(c) “Enterprise” defined
As used in this section, the term “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.
(d) Construction
The provisions of this section shall be liberally construed to effectuate its remedial purposes.

21 U.S.C.A. § 856- Maintaining drug-involved premises (top)

(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful to–
(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.

(b) Penalties
Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.
(c) Violation as offense against property
A v iolation of subsection (a) of this section shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of Title 18.
(d)(1) Any person who violates subsection (a) of this section shall be subject to a civil penalty of not more than the greater of
(A) $250,000; or
(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
(e) Any person who violates subsection (a) of this section shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.

21 U.S.C.A. § 858- Endangering human life while illegally manufacturing controlled substance (top)

Whoever, while manufacturing a controlled substance in violation of this subchapter, or attempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall be fined in accordance with Title 18, or imprisoned not more than 10 years, or both.

21 U.S.C.A. § 864- Anhydrous ammonia (top)

(a) It is unlawful for any person–
(1) t o steal anhydrous ammonia, or
(2) to transport stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part.
(b) Any person who violates subsection (a) of this section shall be imprisoned or fined, or both, in accordance with section 843(d) of this title as if such violation were a violation of a provision of section 843 of this title.

21 U.S.C.A. § 865- Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs (top)

(a) Enhanced prison sentence

The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33) , shall, if the offense is committed under the circumstance described in subsection (b) of this section, be increased by a consecutive term of imprisonment of not more than 15 years.

(b) Circumstances

For purposes of subsection (a) of this section, the circumstance described in this subsection is that the offense described in subsection (a) of this section was committed by a person who–
(1) was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States, using such lane, system, or program.

(c) Permanent ineligibility
Any person whose term of imprisonment is increased under subsection (a) of this section shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1) of this section.

42 U.S.C.A. § 14052 Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons (top)

(a) Declaration of policy
It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
(b) Sentencing guidelines
Pursuant to its authority under section 994 of Title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense–
(1) under section 844 of Title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
(2) under section 841(b) of Title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
(c) No probation
Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) of this section to probation.

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