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

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

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

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Source file: Laws/federal/codes/united-states-code/title-21/section-860-distribution-or-manufacturing-in-or-near-schools-and-colleges--9c7252a5b9.md
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Source location: Title 21, Chapter 13, § 860; chapter-013-drug-abuse-prevention-and-control.md

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**(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 than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana. **(b) Second offenders** 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, after a prior conviction under subsection (a) has become final is punishable (1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) 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) for a first offense, 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 first offense. A fine up to three times 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 than three years. 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). **(c) Employing children to distribute drugs near schools or playgrounds** Notwithstanding any other law, any person at least 21 years of age who knowingly and intentionally— (1) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to violate this section; or (2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension for any offense under this section by any Federal, State, or local law enforcement official, is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841&num=0&edition=prelim). **(d) Suspension of sentence; probation; parole** In the case of any mandatory minimum sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section shall not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section. **(e) Definitions** For the purposes of this section— (1) The term “playground” means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards. (2) The term “youth center” means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities. (3) The term “video arcade facility” means any facility, legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten pinball and/or video machines. (4) The term “swimming pool” includes any parking lot appurtenant thereto.

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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

21 U.S.C. § 856 — Maintaining drug-involved premises

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 856

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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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3592

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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. § 859 — Distribution to persons under age twenty-one

**(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 p

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 859

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

34 U.S.C. § 12521 — Increased penalties for drug-dealing in “drug-free” zones

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

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

Page 866 TITLE 21—FOOD AND DRUGS § 860 1984—Subsecs. (a), (b). Pub. L. 98–473, § 503(b)(3), sub- stituted ‘‘Except as provided in section 845a of this title, any’’ for ‘‘Any’’. Pub. L. 98–473, § 224(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99–570, § 1005(b)(1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1004(a) of Pub. L. 99–570 effec- tive on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see sec- tion 1004(b) of Pub. L. 99–570 set out as a note under sec- tion 841 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 860. Distribution or manufacturing in or near schools and colleges (a) Penalty Any person who violates section 841(a)(1) of this title or section 856 of this title by distrib- uting, 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, voca- tional, or secondary school or a public or private college, junior college, or university, or a play- ground, 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; and (2) at least twice any ter

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 860

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