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34 U.S.C. § 12522 — Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

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

34 U.S.C. § 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 tolerated 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](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 appropriately enhance the penalty for a person convicted of an offense— (1) under [section 844 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim) involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or (2) under [section 841(b) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim) involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility. **(c) No probation** Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.

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Source file: Laws/federal/codes/united-states-code/title-34/section-12522-enhanced-penalties-for-illegal-drug-use-in-federal-prisons-and-for-smugg--46bb5faf16.md
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Source location: Title 34, Chapter 121, § 12522; chapter-121-violent-crime-control-and-law-enforcement.md

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

28 U.S.C. § 994 — Duties of the Commission

**(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

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

21 U.S.C. § 844 — Penalties for simple possession

**(a) Unlawful acts; penalties** It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II. It shall be unlawful for any person knowingly or intentionally to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under [section 823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823&num=0&edition=prelim) or [section 958 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section958&num=0&edition=prelim) if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term

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

42 U.S.C. § 14052 — Transferred

### Statutory Notes #### Codification Section 14052 was editorially reclassified as [section 12522 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12522&num=0&edition=prelim), Crime Control and Law Enforcement.

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

34 U.S.C. § 12522 — Enhanced penalties for illegal drug use

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

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