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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 865 Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs us united_states_code code_section 21 FOOD AND DRUGS 13 DRUG ABUSE PREVENTION AND CONTROL 865 21 U.S.C. § 865 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s865 data/legal/raw/us/code/title-21/usc21.xml 830d3ca59cefd352e2827c950dda4d3a59b5bf47e545e39515d4f09b5e01bd16 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 faafd944ab61fa8f9937adc2e9ab35a662763d0b6654a15e207b52a30302860a 2026-07-04 official
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21 U.S.C. § 865 - Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs

Text

(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),11 So in original. A second closing parenthesis probably should precede the comma. shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.

(b) Circumstances For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) 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) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).

(Pub. L. 109177, title VII, § 731, Mar. 9, 2006, 120 Stat. 270.)

Notes

Editorial Notes

References in TextThe Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.

Codification Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005 and also as part of the Combat Methamphetamine Epidemic Act of 2005, and not as part of the Controlled Substances Act which comprises this subchapter.