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21 U.S.C. § 856 — Maintaining drug-involved premises
Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful to—
(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.
**(b) Criminal penalties** 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.
**(c) Violation as offense against property** A violation of subsection (a) shall be considered an offense against property for purposes of [section 3663A(c)(1)(A)(ii) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663A/c/1/A/ii&num=0&edition=prelim).
**(d) Civil penalties**
(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of—
(A) $250,000; or
(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
**(e) Declaratory and injunctive remedies** Any p
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Source file: Laws/federal/codes/united-states-code/title-21/section-856-maintaining-drug-involved-premises--6a620aa505.md
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Source location: Title 21, Chapter 13, § 856; chapter-013-drug-abuse-prevention-and-control.md
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**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful to—
(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.
**(b) Criminal penalties** 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.
**(c) Violation as offense against property** A violation of subsection (a) shall be considered an offense against property for purposes of [section 3663A(c)(1)(A)(ii) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663A/c/1/A/ii&num=0&edition=prelim).
**(d) Civil penalties**
(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of—
(A) $250,000; or
(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
**(e) Declaratory and injunctive remedies** Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in [section 843(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section843/f&num=0&edition=prelim).
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 864
TITLE 21—FOOD AND DRUGS
§ 853a
§ 853a. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 100–690, title V, § 5301, Nov. 18, 1988,
102 Stat. 4310, which related to denial of Federal bene-
fits to drug traffickers and possessors, was renumbered
section 421 of the Controlled Substances Act by Pub. L.
101–647, title X, § 1002(d)(1), Nov. 29, 1990, 104 Stat. 4827,
and is classified to section 862 of this title.
§ 854. Investment of illicit drug profits
(a) Prohibition
It shall be unlawful for any person who has re-
ceived any income derived, directly or indi-
rectly, from a violation of this subchapter or
subchapter II punishable by imprisonment for
more than one year in which such person has
participated as a principal within the meaning
of section 2 of title 18, to use or invest, directly
or indirectly, any part of such income, or the
proceeds of such income, in acquisition of any
interest in, or the establishment or operation of,
any enterprise which is engaged in, or the ac-
tivities of which affect interstate or foreign
commerce. A purchase of securities on the open
market for purposes of investment, and without
the intention of controlling or participating in
the control of the issuer, or of assisting another
to do so, shall not be unlawful under this section
if the securities of the issuer held by the pur-
chaser, the members of his immediate family,
and his or their accomplices in any violation of
this subchapter or subchapter II after such pur-
chase do not amount in the aggregate to 1 per
centum of the outstanding securities of any one
class, and do not confer, either in law or in fact,
the power to elect one or more directors of the
issuer.
(b) Penalty
Whoever violates this section shall be fined
not more than $50,
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