21 U.S.C. § 841 – Prohibited acts A (manufacture, distribution, or possession with intent to distribute controlled substances)
This statute makes it a federal crime to make, distribute, or sell illegal drugs, or to possess them with the intent to sell or distribute.
Section 841 is one of the main federal drug laws. It explains which drug-related acts are illegal and sets the penalties for them. The seriousness of the charge and the sentence depend on the kind of drug and the amount the person is accused of having.
(a) Main prohibited acts.
A person breaks this law if they do any of the following without legal authorization:
- manufacture a controlled substance,
- distribute a controlled substance,
- dispense a controlled substance, or
- possess a controlled substance with the intent to distribute or dispense it.
These rules also apply to counterfeit substances, meaning drugs that are made or packaged to look like real controlled substances.
(b) Penalties.
The penalties for violating this law depend on the drug schedule and the amount involved. Penalties can include:
- years or decades in federal prison,
- large fines,
- supervised release, and
- additional penalties if someone is seriously hurt or killed as a result of the drug offense.
Higher penalties apply when the offense involves large quantities of drugs such as heroin, fentanyl, methamphetamine, cocaine, or other Schedule I and II substances.
(c) Distribution by practitioners.
Licensed medical professionals and pharmacists may legally prescribe or dispense controlled substances, but only when acting within the law. If they knowingly issue prescriptions or distribute drugs outside of accepted medical practice, they may be charged under this statute.
(d) Penalties for equipment or materials.
A person may also face punishment for knowingly owning or controlling equipment, chemicals, or materials used to make controlled substances.
(e) Enhanced penalties.
Stronger penalties apply if the drug offense happens near schools, playgrounds, public housing, or involves minors.
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