---
kind: "section"
citation: "21 U.S.C. § 846"
title: "21"
title_heading: "Food and Drugs"
number: "846"
heading: "Attempt and conspiracy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/846"
units:
  - "Chapter 13 — Drug Abuse Prevention and Control"
  - "Subchapter I — Control and Enforcement"
  - "Part D — Offenses and Penalties"
---

# §846. Attempt and conspiracy


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, the commission of which was the object of the attempt or conspiracy.


## Source credit

(Pub. L. 91–513, title II, § 406, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.)

## Notes

### Editorial Notes

### Amendments

1988—Pub. L. 100–690 substituted “shall be subject to the same penalties as those prescribed for the offense” for “is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.