Page:United States Statutes at Large Volume 100 Part 4.djvu/331

 PUBLIC LAW 99-570—OCT. 27, 1986

iOO STAT. 3207-52

(e) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: (1) instructions, oral or written, provided with the item I. concerning its use; "^ (2) descriptive materials accompanying the item which explain or depict its use; (3) national and local advertising concerning its use; ^'''] (4) the manner in which the item is displayed for sale; f"' (5) whether the owner, or anyone in control of the item, is a ^'^ legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; ^^' (6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; (7) the existence and scope of legitimate uses of the item in the community; and (8) expert testimony concerning its use. (f) This subtitle shall not apply to— (1) any person authorized by local. State, or Federal law to manufacture, possess, or distribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and primarily intended for use with tobacco products, including any pipe, paper, or accessory. SEC. 1823. EFFECTIVE DATE.

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21 USC 857 note.

This subtitle shall become effective 90 days after the date of enactment of this Act. Subtitle P—Manufacturing Operations SEC. 1841. MANUFACTURING OPERATION.

(a) Part D of the Controlled Substances Act is amended by adding at the end thereof the following new section:

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" ESTABLISHMENT O F MANUFACTURING OPERATIONS

"SEC. 416. (a) Except as authorized by this title, it shall be unlawful to— "(1) knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance; "(2) manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgsigee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. "(b) Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.". (b) Section 405A of the Controlled Substances Act is amended— (1) in subsection (a) by inserting after "section 401(a)(l)" the following: "or section 416"; and (2) in subsection Ob) by inserting after "section 401(a)(l)" the following: "or section 416".

21 USC 856.

^"*«. P- 3207-11.

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