Source: law/21usc841.law
# 21 U.S.C. § 841 — scoped catalogue: § 841(a)(1) and selected § 841(b)(1) tiers
# Reverse-engineered from verbatim statutory text + citing cases in statute_cited_by.json & neov2/cases/21usc841/
law 21usc841
cite 21 U.S.C. § 841
title Prohibited acts A — § 841(a)(1) plus selected § 841(b)(1) penalty tiers (scoped)
url https://www.neochart.com/catalog/federal/title_21/section_841/title21_sec841_252bd57f77a5/841_prohibited_acts_a_0001/index.html
address catalog/federal/title_21/section_841/title21_sec841_252bd57f77a5/841_prohibited_acts_a_0001/index.html
source ir/usc/title21.jsonl#title21_sec841 sha1=b63879f4744748932b3de91fbde9f54d0688b81f chars=27568
claim (a)(1)-prohibited-act : knowledge & (act.distribute | act.manufacture | act.dispense) & substance & !unauthorized
gloss Scoped to § 841(a)(1) manufacture/distribute/dispense routes. The separate possession-with-intent route is below; § 841(a)(2) counterfeit substance and § 841(c)–(h) offenses are intentionally unmodeled.
claim (a)(1)-possession-with-intent : knowledge & possession & intent-to-distribute & substance & !unauthorized
gloss Possession with intent to manufacture, distribute, or dispense a controlled substance under § 841(a)(1).
claim (b)-aggravated-selected : ((a)(1)-prohibited-act | (a)(1)-possession-with-intent) & (quantity | death-results | prior-conviction) & !quantity.marijuana-small-amount-no-remuneration
gloss Selected § 841(b)(1)(A)-(C) tiers only. Quantity is a partial drug-specific threshold table; remaining § 841(b) tiers and § 841(c)–(h) offenses are intentionally unmodeled. Applicable sentence-increasing facts must be submitted to a jury and proved beyond a reasonable doubt, apart from prior-conviction treatment.
constraint apprend-alleyne-element-status(quantity, death-results, act) : Penalty enhancements in § 841(b) that increase the statutory maximum or mandatory minimum operate as elements of an aggravated offense, with the base § 841(a)(1) violation serving as a lesser included offense.
rule /f3d/235/0565-01 @32397..32683 | We agree with the reasoning of these decisions and conclude that, under § 841(b)(1), the quantity of drugs is a fact that may “increase[ ] the penalty for a crime beyond the prescribed statutory maximum” and therefore “must be submitted to a jury, and proved beyond a reasonable doubt.”
rule /us/571/0204-01 @7420..7664 | Thus, the crime charged in count 2 of Burrage's superseding indictment has two principal elements: (i) knowing or intentional distribution of heroin, § 841(a)(1), and (ii) death caused by ("resulting from") the use of that drug, § 841(b)(1)(C).
element knowledge : and
name Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)
text @83..146 | it shall be unlawful for any person knowingly or intentionally-
rule /f2d/779/1098-01 @5220..5418 | A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.
rule /f2d/701/1349-01 @18953..19041 | Rather, knowledge may be proved through inferences based upon surrounding circumstances.
rule /f2d/701/1349-01 @16257..16406 | Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.
not-required Direct evidence of knowledge; circumstantial evidence (or deliberate ignorance / willful blindness where defendant took deliberate actions to avoid confirming a high probability of contraband) suffices (Vera; McFadden v. United States, 576 U.S. 186 (2015))
gloss Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).
element act : or
name Prohibited act under § 841(a)(1): manufacture, distribute, or dispense
text @151..190 | to manufacture, distribute, or dispense
rule /f3d/767/0453-01 @18669..19020 | Under the Controlled Substances Act, it is "unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” 21 U.S.C. § 841(a)(1). This wording tracks the relevant parts of the guidelines definition for “drug trafficking offense.”
gloss Branches into `act.manufacture`, `act.distribute`, and `act.dispense` (or the possession-with-intent alternative via `possession` + `intent-to-distribute`).
element act.distribute : or
name Distribution (delivery / actual, constructive, or attempted transfer of a controlled substance)
text @151..190 | to manufacture, distribute, or dispense
xref 21 U.S.C. § 802(8), (11) | "distribute" means to deliver (other than by administering or dispensing) a controlled substance; "deliver" or "delivery" means the actual, constructive, or attempted transfer of a controlled substance
rule /f-supp-3d/225/0274-01 @21608..21675 | To “distribute” a drug is to “deliver” possession of it to another.
rule /f-supp-3d/225/0274-01 @44088..44173 | The statutory definition of "delivery,” however, encompasses an "attempted” transfer.
rule /f4th/142/259 @21003..21224 | because under federal law the term “distribute” means “to deliver,” and the term “to deliver” includes “actual, constructive, or attempted transfer[s],” an “attempted transfer” is an actual delivery, not an attempted one.
rule /f3d/20/0229-01 @5072..5271 | In order to establish the knowing or intentional distribution of a controlled substance, the government needed only.to show that defendant knowingly or intentionally delivered a controlled substance.
rule /f3d/20/0229-01 @5293..5385 | It was irrelevant for the government to also show, that defendant was paid for the delivery.
not-required Exchange of money / sale / remuneration for a distribution offense under § 841(a)(1) (United States v. Vincent, 20 F.3d 229 (6th Cir. 1994))
gloss Because 21 U.S.C. § 802(8),(11) defines "distribute" as "deliver" and "deliver" as "actual, constructive, or attempted transfer", a completed § 841(a)(1) distribution includes an attempted transfer (United States v. Suncar, 142 F.4th 259 (3d Cir. 2025)).
element act.manufacture : or
name Manufacture (production, preparation, propagation, compounding, or processing of a controlled substance)
text @151..190 | to manufacture, distribute, or dispense
xref 21 U.S.C. § 802(15) | "manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance
rule /f3d/767/0453-01 @18669..19020 | Under the Controlled Substances Act, it is "unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” 21 U.S.C. § 841(a)(1). This wording tracks the relevant parts of the guidelines definition for “drug trafficking offense.”
gloss Includes cultivation/harvesting (21 U.S.C. § 802(22)) and chemical synthesis or conversion.
element act.dispense : or
name Dispensing by a practitioner outside the usual course of professional practice (Ruan v. United States)
text @151..190 | to manufacture, distribute, or dispense
xref 21 U.S.C. § 802(10), (21) | "dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner
rule /f3d/767/0453-01 @9699..9889 | Under the federal scheme, any administering of a controlled substance that falls under the federal definition for “dispense” must be “by, or pursuant to the lawful order of, a practitioner.”
gloss Under United States v. Moore (423 U.S. 122 (1975)) and Ruan v. United States (597 U.S. 450 (2022)), a registered physician or practitioner violates § 841(a)(1) by prescribing/dispensing outside the usual course of professional practice, and once the defendant meets the burden of producing evidence of authorization, the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
element possession : and
name Possession (actual, constructive, sole, or joint dominion and control)
text @192..254 | or possess with intent to manufacture, distribute, or dispense
rule /f3d/57/0516-01 @20652..20824 | And here, the essential proof of possession that we require is some factor indicating that Kitchen had the authority or the ability to exercise control over the contraband.
rule /f3d/57/0516-01 @21871..22106 | The constructive possession cases teach that a defendant must have ultimate control over the drugs. This requirement translates into the right, or the recognized authority within the “criminal milieu,” to possess the drugs in question.
rule /f3d/57/0516-01 @24433..24582 | Kitchen’s intent to purchase, without more, is insufficient to establish possession because it overlooks the required element of dominion or control.
rule /f2d/701/1349-01 @17301..17405 | Possession may be actual or constructive and may be proved by circumstantial as well as direct evidence.
rule /f2d/701/1349-01 @17604..17788 | A person who owns or exercises dominion and control over a motor vehicle or residence in which contraband is concealed may be deemed to be in constructive possession of the contraband.
rule /f2d/779/1098-01 @12298..12425 | Possession of a narcotic may be actual or constructive, may be joint with others, and may be proved by circumstantial evidence.
rule /f-supp-3d/225/0274-01 @22205..22351 | It also encompasses “constructive possession,” ie., “dominion and control” in the sense of “the ability to reduce an object to actual possession.”
variant actual-possession/momentary-inspection-rejected | Momentary handling of bricks of cocaine during an incomplete reverse-sting inspection without authority to control them is not possession (United States v. Kitchen)
gloss Constructive possession requires power and intention to exercise dominion and control over the contraband (directly or through others); mere proximity, association, or unconsummated inspection prior to payment does not suffice.
element intent-to-distribute : and
name Specific intent to manufacture, distribute, or dispense the possessed controlled substance
text @203..254 | with intent to manufacture, distribute, or dispense
rule /f2d/701/1349-01 @16881..17116 | In order to sustain a conviction of possession with intent to distribute a controlled substance, the government must prove three essential elements: (1) knowing (2) possession of a controlled substance (3) with intent to distribute it.
rule /f2d/779/1098-01 @5865..5993 | Intent to distribute a controlled substance may generally be inferred solely from possession of a large amount of the substance.
rule /f2d/779/1098-01 @6177..6273 | The purity and value of the substance also are relevant to the possessor’s intent to distribute.
rule /f3d/20/0229-01 @5444..6133 | Moreover, the government could satisfy its burden of establishing that defendant knowingly or intentionally possessed marijuana with intent to distribute it through the inferences drawn from evidence such as the quantity of the marijuana involved, United States v. Faymore, 736 F.2d 328, 333 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984), the estimated street value of the marijuana, id., the purity of the marijuana, United States v. Blake, 484 F.2d 50, 58 (8th Cir.1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 (1974), and other evidence which would support the inference that the marijuana was not intended to. be used for personal use.
gloss Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.
element substance : and
name Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2))
text @256..282 | a controlled substance; or
text @373..397 | a counterfeit substance.
rule /us/569/0184-01 @14158..14249 | (1) possession (2) of marijuana (a controlled substance), (3) with intent to distribute it.
not-required Defendant's knowledge of the *specific* drug type or weight in order to be convicted of the base § 841(a)(1) offense, so long as defendant knew he possessed/distributed *some* controlled substance ( though specific drug type/quantity governs § 841(b) statutory maximums under Apprendi)
gloss Includes controlled substance analogues treated as Schedule I under 21 U.S.C. § 813 when intended for human consumption (McFadden v. United States, 576 U.S. 186 (2015)).
exception unauthorized : exception
name Authorization exception ("Except as authorized by this subchapter") for registered practitioners/handlers
text @42..82 | Except as authorized by this subchapter,
rule /f3d/767/0453-01 @9699..9889 | Under the federal scheme, any administering of a controlled substance that falls under the federal definition for “dispense” must be “by, or pursuant to the lawful order of, a practitioner.”
gloss Under 21 U.S.C. § 885(a)(1), the government need not negative any statutory exemption or exception in the indictment or until the defendant satisfies the burden of going forward with evidence of registration/authorization; once produced by a registrant, Ruan (597 U.S. 450 (2022)) requires the government to prove knowing/intentional lack of authorization beyond a reasonable doubt.
element quantity : or
name Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook)
text @658..744 | 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
rule /us/500/0453-01 @5764..5887 | So long as it contains a detectable amount, the entire mixture or substance is to be weighed when calculating the sentence.
rule /us/500/0453-01 @13259..13406 | The term does not include LSD in a bot-tie, or LSD in a car, because the drug is easily distinguished from, and separated from, such a “container.”
rule /f3d/20/0229-01 @27287..27432 | Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used.
rule /f3d/235/0565-01 @32397..32683 | We agree with the reasoning of these decisions and conclude that, under § 841(b)(1), the quantity of drugs is a fact that may “increase[ ] the penalty for a crime beyond the prescribed statutory maximum” and therefore “must be submitted to a jury, and proved beyond a reasonable doubt.”
rule /f3d/235/0565-01 @39370..39562 | In our view, as long as the defendant’s sentence falls within the maximum established by statute, Apprendi does not foreclose consideration of drug quantities beyond the offense of conviction.
gloss PARTIAL_THRESHOLD_TABLE: this entry anchors the § 841(b)(1) drug-specific threshold matrix without pretending that one heroin threshold quote enumerates every listed substance and tier. Under Chapman v. United States (500 U.S. 453 (1991)), "mixture or substance" includes the carrier medium in which the drug is marketed/consumed, but not unusable waste water or packaging containers that must be separated before use.
exception quantity.marijuana-small-amount-no-remuneration : exception
name Misdemeanor treatment for distributing a small amount of marijuana for no remuneration (§ 841(b)(4))
text @14995..15254 | 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.
rule /us/569/0184-01 @11581..11732 | These dovetailing provisions create two mutually exclusive categories of punishment for CSA marijuana distribution offenses: one a felony, and one not.
rule /us/569/0184-01 @11733..11960 | The only way to know whether a marijuana distribution offense is "punishable as a felony" under the CSA, Lopez, 549 U.S., at 60, 127 S.Ct. 625, is to know whether the conditions described in paragraph (4) are present or absent.
rule /us/569/0184-01 @16730..16835 | The CSA's text makes neither provision the default. Rather, each is drafted to be exclusive of the other.
gloss Under Moncrieffe v. Holder (569 U.S. 184 (2013)), because § 841(b)(4) punishes social sharing of a small amount of marijuana for no remuneration as a misdemeanor under 21 U.S.C. § 844, a state marijuana distribution statute that reaches such conduct is not categorically an "aggravated felony" under the Immigration and Nationality Act.
element death-results : or
name Death or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum)
text @2494..2566 | if death or serious bodily injury results from the use of such substance
rule /us/571/0204-01 @8866..8940 | "Results from" imposes, in other words, a requirement of actual causality.
rule /us/571/0204-01 @24546..24864 | We hold that, at least where use of the drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury, a defendant cannot be liable under the penalty enhancement provision of 21 U.S.C. § 841(b)(1)(C) unless such use is a but-for cause of the death or injury.
variant but-for-causation/contributing-cause-in-mixed-drug-overdose | Mixed-drug intoxication where expert cannot say victim would have lived but for the heroin distributed by defendant fails § 841(b)(1)(C) enhancement (Burrage)
gloss Under Burrage v. United States (571 U.S. 204 (2014)), "results from" requires actual ("but-for") causation (at least where the distributed drug was not an independently sufficient cause of death), rejecting "contributing cause" instructions.
element prior-conviction : or
name Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851)
text @2874..2967 | after a prior conviction for a serious drug felony or serious violent felony has become final
rule /us/569/0184-01 @9133..9383 | In other words, to satisfy the categorical approach, a state drug offense must meet two conditions: It must "necessarily" proscribe conduct that is an offense under the CSA, and the CSA must "necessarily" prescribe felony punishment for that conduct.
gloss Governed by the notice and information procedures of 21 U.S.C. § 851 (and exempted from Apprendi's jury requirement under Almendarez-Torres v. United States, 523 U.S. 224 (1998)).
element aiding : or
name Cross-statute route alias: see separate aiding-abetting (§ 2) and x-conspiracy-846 (§ 846) routes
text @489..543 | any person who violates subsection (a) of this section
xref 21 U.S.C. § 846; 18 U.S.C. § 2 | Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense
gloss Alias retained for existing CASE vocabulary only; it is not a § 841 element. Do not conflate separate § 2 aiding-and-abetting and § 846 conspiracy routes.
element aiding-abetting : or
name Aiding and abetting route under 18 U.S.C. § 2 (cross-statute)
text @489..543 | any person who violates subsection (a) of this section
xref 18 U.S.C. § 2 | Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
gloss Cross-statute route only; § 2 supplies the aiding theory and § 841 supplies the substantive offense.
element x-conspiracy-846 : or
name Drug conspiracy route under 21 U.S.C. § 846 (cross-statute)
text @489..543 | any person who violates subsection (a) of this section
xref 21 U.S.C. § 846 | Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense
rule /f2d/779/1098-01 @10035..10309 | To obtain a conviction under section 846, the government must prove beyond a reasonable doubt: (1) the existence of an agreement to violate the drug laws and each coconspirator’s (2) knowledge of the agreement, (3) intent to join it, and (4) participation in the conspiracy.
rule /f2d/779/1098-01 @10592..10751 | But an express, explicit agreement is normally not required, and a tacit, mutual agreement with common design, purpose, and understanding will usually suffice.
not-required Proof of an overt act in furtherance of a 21 U.S.C. § 846 drug conspiracy (United States v. Shabani, 513 U.S. 10 (1994))
gloss Cross-statute route only; § 846 is distinct from aiding under § 2 and from substantive § 841(a)(1).
element x-categorical-match : or
name Categorical / modified categorical comparison of state drug offense to 21 U.S.C. § 841 (INA / ACCA / Guidelines)
text @151..282 | to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
rule /us/569/0184-01 @9133..9383 | In other words, to satisfy the categorical approach, a state drug offense must meet two conditions: It must "necessarily" proscribe conduct that is an offense under the CSA, and the CSA must "necessarily" prescribe felony punishment for that conduct.
rule /f3d/767/0453-01 @18669..19020 | Under the Controlled Substances Act, it is "unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” 21 U.S.C. § 841(a)(1). This wording tracks the relevant parts of the guidelines definition for “drug trafficking offense.”
rule /f4th/142/259 @16947..17123 | we agree with Glass that the Pennsylvania legislature’s choice to include offers to sell in one provision of section 780-113 and to exclude them in another must mean something.
gloss Frequently litigated when § 841 serves as the generic federal comparator in immigration (Moncrieffe), Armed Career Criminal Act, or Sentencing Guidelines (U.S.S.G. §§ 2L1.2, 4B1.2) cases.
element x-venue : and
name Continuing-offense venue for § 841(a)(1) possession with intent to distribute / distribution (18 U.S.C. § 3237(a))
text @151..282 | to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
rule /f-supp-3d/225/0274-01 @25495..25653 | Under Uribe, because possession with intent to distribute is a continuing offense, venue is proper along the way until the package arrives at its destination.
gloss Under 18 U.S.C. § 3237(a), possession with intent to distribute and distribution across multiple districts are continuing offenses prosecutable in any district in which the offense was begun, continued, or completed.
defense x-due-process-arbitrary-sentence : defense
name Fifth Amendment Due Process / Equal Protection challenge to carrier-medium weight sentencing (Chapman)
text @5386..5494 | 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
rule /us/500/0453-01 @18564..18899 | By measuring the quantity of the drugs according to the “street weight” of the drugs in the diluted form in which they are sold, rather than according to the net weight of the active component, the statute and the Sentencing Guidelines increase the penalty for persons who possess large quantities of drugs, regardless of their purity.
gloss Rejected in Chapman v. United States (500 U.S. 453 (1991)): Congress had a rational basis for tying penalty tiers to street weight of the mixture or substance containing a detectable amount of the drug.
defense x-vagueness : defense
name Fifth Amendment void-for-vagueness challenge to "mixture or substance" or analogue provisions
text @5386..5494 | 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
rule /us/500/0453-01 @22168..22313 | First Amendment freedoms are not infringed by §841, so the vagueness claim must be evaluated as the statute is applied to the facts of this case.
gloss Evaluated as applied to the facts of the case because § 841 implicates no First Amendment freedoms.
defense x-rule-of-lenity : defense
name Rule of lenity in construing ambiguous penalty provisions of § 841(b)
text @489..574 | any person who violates subsection (a) of this section shall be sentenced as follows:
rule /us/500/0453-01 @5764..5887 | So long as it contains a detectable amount, the entire mixture or substance is to be weighed when calculating the sentence.
gloss Invoked when statutory text of § 841(b) is grievously ambiguous (declined in Chapman where "mixture or substance" was held unambiguous; reinforced in Burrage where "results from" was given its ordinary but-for meaning).
defense x-entrapment : defense
name Affirmative defense of entrapment (government inducement + lack of predisposition)
text @83..146 | it shall be unlawful for any person knowingly or intentionally-
rule /f3d/20/0229-01 @5072..5271 | In order to establish the knowing or intentional distribution of a controlled substance, the government needed only.to show that defendant knowingly or intentionally delivered a controlled substance.
gloss Requires showing government inducement of the crime plus absence of predisposition on the part of the defendant to engage in the criminal conduct (Mathews v. United States, 485 U.S. 58 (1988)).