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To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or.Conspiracy to distribute controlled substances is a distinct federal charge defined in 21 U.S.C. § 846, as follows:. (a) Unlawful acts​​ (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. This section prohibits any person from distributing, manufacturing, or dispensing a controlled substance or counterfeit controlled substance. Possession, manufacture, or distribution of controlled substance. § 846, two or more people must agree to commit a crime - a conspiracy is simply an agreement. In simple terms, this statute makes it a federal drug crime to knowingly or intentionally manufacture an unlawful controlled substance. This instruction should be used when the offense charged is possession with intent to manufacture or distribute a controlled substance. For example, 21 U.S.C. § 846 makes it illegal to commit a conspiracy to manufacture, distribute, or possess with intent to distribute controlled substances.