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34 U.S.C. § 12521 — Increased penalties for drug-dealing in “drug-free” zones
Federal law — U.S. Code and appendices · legal_authorities
Pursuant to its authority under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim), the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating [section 860 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12521
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Stable record: federal_law:legal_authorities:record_usc_04ab8b2547031b725ac2c0cf
Source file: Laws/federal/codes/united-states-code/title-34/section-12521-increased-penalties-for-drug-dealing-in-drug-free-zones--fa0339afaf.md
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Source location: Title 34, Chapter 121, § 12521; chapter-121-violent-crime-control-and-law-enforcement.md
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Pursuant to its authority under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim), the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating [section 860 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System—
(1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including—
(A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment;
(B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment;
(C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term;
(D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and
(E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim);
(2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of—
(A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18;
(B) the conditions of proba
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 994
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14051 was editorially reclassified as [section 12521 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12521&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty** Any person who violates [section 841(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/a/1&num=0&edition=prelim) or [section 856 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section856&num=0&edition=prelim) by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b)) subject to (1) twice the maximum punishment authorized by [section 841(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim); and (2) at least twice any term of supervised release authorized by [section 841(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim) for a first offense. A fine up to twice that authorized by [section 841(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim) may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by [section 841(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim), a person shall be sentenced under this subsection to a term of imprisonment of not less
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 860
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Federal law — U.S. Code and appendices · legal_authorities
Page 396
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12521
div. W of Pub. L. 117–103, set out as a note under section
6851 of Title 15, Commerce and Trade.
SUBCHAPTER IV—DRUG CONTROL
§ 12521. Increased penalties for drug-dealing in
‘‘drug-free’’ zones
Pursuant to its authority under section 994 of
title 28, the United States Sentencing Commis-
sion shall amend its sentencing guidelines to
provide an appropriate enhancement for a de-
fendant convicted of violating section 860 of
title 21.
(Pub. L. 103–322, title IX, § 90102, Sept. 13, 1994,
108 Stat. 1987.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 14051 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
Section is comprised of section 90102 of Pub. L.
103–322 which is also listed in a table relating to sen-
tencing guidelines set out under section 994 of Title 28,
Judiciary and Judicial Procedure.
§ 12522. Enhanced penalties for illegal drug use
in Federal prisons and for smuggling drugs
into Federal prisons
(a) Declaration of policy
It is the policy of the Federal Government
that the use or distribution of illegal drugs in
the Nation’s Federal prisons will not be toler-
ated and that such crimes shall be prosecuted to
the fullest extent of the law.
(b) Sentencing guidelines
Pursuant to its authority under section 994 of
title 28, the United States Sentencing Commis-
sion shall amend its sentencing guidelines to ap-
propriately enhance the penalty for a person
convicted of an offense—
(1) under section 844 of title 21 involving
simple possession of a controlled substance
within a Federal prison or other Federal de-
tention facility; or
(2) under section 841(b) of title 21 involving
the smuggling
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12521
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