21 U.S.C. § 959
Section 959 · Possession, manufacture, or distribution of controlled substance
Amended 6 times on record
Applied in 129 court decisions — leading case Chua Han Mow v. United States (1984)
Most recently applied in United States v. Luz Fajardo Campos (May 2025)
Applied most in the District Circuit Circuit (40 decisions)
Cases citing this section usually also cite 21 U.S.C. § 841 · 21 U.S.C. § 963 · 18 U.S.C. § 2
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe 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.
It shall be unlawful for any person to manufacture or distribute a listed chemical—
(1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and
(2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States.
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.
This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title.
Amendments
2017—Subsec. (d). Pub. L. 115–91 struck out "; venue" after "United States" in heading and "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." after "United States." in text.
2016—Subsec. (a). Pub. L. 114–154, §2(2), substituted "It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe 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." for "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."
Subsecs. (b) to (d). Pub. L. 114–154 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1996—Subsec. (a). Pub. L. 104–305 inserted "or flunitrazepam" after "schedule I or II" in introductory provisions.
Pub. L. 104–237, §102(a), inserted "or listed chemical" after "schedule I or II" in introductory provisions and "or chemical" after "substance" in pars. (1) and (2).
Subsec. (b). Pub. L. 104–237, §102(b), inserted "or listed chemical" after "controlled substance" in pars. (1) and (2).
1986—Pub. L. 99–570 designated first sentence as subsec. (a) and inserted "or into waters within a distance of 12 miles of the coast of the United States" in pars. (1) and (2), added subsec. (b), and designated last two sentences as subsec. (c).
Effective Date
Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.