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21 U.S.C. § 859 — Distribution to persons under age twenty-one

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 859 — Distribution to persons under age twenty-one

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Source file: Laws/federal/codes/united-states-code/title-21/section-859-distribution-to-persons-under-age-twenty-one--8f0f4b2447.md
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Source location: Title 21, Chapter 13, § 859; chapter-013-drug-abuse-prevention-and-control.md

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**(a) First offense** Except as provided in [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim), any person at least eighteen years of age 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) by distributing a controlled substance to a person under twenty-one years of age 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 involving the same controlled substance and schedule. 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 term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. **(b) Second offense** Except as provided in [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim), any person at least eighteen years of age 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) by distributing a controlled substance to a person under twenty-one years of age after a prior conviction under subsection (a) of this section (or under [section 333(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section333/b&num=0&edition=prelim) as in effect prior to May 1, 1971) has become final, is subject to (1) three times 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 three times 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 second or subsequent offense involving the same controlled substance and schedule. 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 term of imprisonment under this subsection shall be not less than one year. Penalties for third and subsequent convictions shall be governed by [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3583 — Inclusion of a term of supervised release after imprisonment

**(a) In General.—** The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b). **(b) Authorized Terms of Supervised Release.—** Except as otherwise provided, the authorized terms of supervised release are— (1) for a Class A or Class B felony, not more than five years; (2) for a Class C or Class D felony, not more than three years; and (3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year. **(c) Factors To Be Considered in Including a Term of Supervised Release.—** The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7). **(d) Conditions of Supervised Release.—** The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision, that the defendant make restitution in accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution, and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit condition of super

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3583

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 841 — Prohibited acts A

**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. **(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a violation of subsection (a) of this section involving— (i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— (I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 860 — Distribution or manufacturing in or near schools and colleges

**(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

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3592 — Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified

**(a) Mitigating Factors.—** In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: (1) **Impaired capacity.—** — The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. (2) **Duress.—** — The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. (3) **Minor participation.—** — The defendant is punishable as a principal in the offense, which was committed by another, but the defendant’s participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. (4) **Equally culpable defendants.—** — Another defendant or defendants, equally culpable in the crime, will not be punished by death. (5) **No prior criminal record.—** — The defendant did not have a significant prior history of other criminal conduct. (6) **Disturbance.—** — The defendant committed the offense under severe mental or emotional disturbance. (7) **Victim’s consent.—** — The victim consented to the criminal conduct that resulted in the victim’s death. (8) **Other factors.—** — Other factors in the defendant’s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence. **(b) Aggravating Factors for Espionage and Treason.—** In determining whether a sentence of death is justified for an offense described in section 3591(a)(1), the jury, or if there is no jury, the court, shall consi

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 844a — Civil penalty for possession of small amounts of certain controlled substances

**(a) In general** Any individual who knowingly possesses a controlled substance that is listed in [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim) in violation of [section 844 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim) in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation. **(b) Income and net assets** The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered. **(c) Prior conviction** A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance. **(d) Limitation on number of assessments** A civil penalty may not be assessed on an individual under this section on more than two separate occasions. **(e) Assessment** A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 844a

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 845 to 845b — Transferred

### Statutory Notes #### Codification Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty-one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 859 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section859&num=0&edition=prelim). Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim). Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section861&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 845 to 845b

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 848 — Continuing criminal enterprise

**(a) Penalties; forfeitures** Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim). **(b) Life imprisonment for engaging in continuing criminal enterprise** Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— (1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and (2) (A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in sub[section 841(b)(1)(B) of this title](https://uscode.ho

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 848

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 859 — Distribution to persons under age twenty-

Page 865 TITLE 21—FOOD AND DRUGS § 859 2000—Subsec. (c). Pub. L. 106–310 added subsec. (c). § 857. Repealed. Pub. L. 101–647, title XXIV, § 2401(d), Nov. 29, 1990, 104 Stat. 4859 Section, Pub. L. 99–570, title I, § 1822, Oct. 27, 1986, 100 Stat. 3207–51; Pub. L. 100–690, title VI, § 6485, Nov. 18, 1988, 102 Stat. 4384; Pub. L. 101–647, title XXIV, § 2401(b), Nov. 29, 1990, 104 Stat. 4859, related to interstate and foreign sale and transportation of drug paraphernalia. Subsec. (a), which related to unlawful acts, was re- pealed. Subsecs. (b) to (f) were redesignated as subsecs. (b) to (f) of section 422 of the Controlled Substances Act by section 2401(b) of Pub. L. 101–647 and transferred to sec- tion 863(b) to (f) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–570, title I, § 1823, Oct. 27, 1986, 100 Stat. 3207–52, which provided that subtitle O (§§ 1821–1823) of title I of Pub. L. 99–570, enacting this section and provi- sions set out as a note under section 801 of this title, was to become effective 90 days after Oct. 27, 1986, was repealed by Pub. L. 101–647, title XXIV, § 2401(d), Nov. 29, 1990, 104 Stat. 4859. § 858. Endangering human life while illegally manufacturing controlled substance Whoever, while manufacturing a controlled substance in violation of this subchapter, or at- tempting to do so, or transporting or causing to be transported materials, including chemicals, to do so, creates a substantial risk of harm to human life shall be fined in accordance with title 18 or imprisoned not more than 10 years, or both. (Pub. L. 91–513, title II, § 417, as added Pub. L. 100–690, title VI, § 6301(a), Nov. 18, 1988, 102 Stat. 4370.) § 859. Distribution to persons under age twenty- one (a) First offense

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 859

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