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21 U.S.C. § 863

Drug paraphernalia

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 863, Drug paraphernalia, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454660
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It is unlawful for any person— 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. 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. 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,11 So in original. Probably should be “marihuana,”. cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as— In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: This section shall not apply to—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 101-647(S. 3266)1990-11-29
    Crime Control Act of 1990
    House: 313–1Senate: no recorded tally
  • Amended byPub. L. 106-310(H.R. 4365)2000-10-17
    Children's Health Act of 2000
    House: 419–2Senate: no recorded tally