21 U.S.C. § 861 — Employment or use of persons under 18

Page 868 TITLE 21—FOOD AND DRUGS § 860a 1 So in original. Probably should be followed by a dash. 2 See References in Text note below. 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. § 860a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphet- amine on premises where children are present or reside Whoever violates section 841(a)(1) of this title by manufacturing or distributing, or possessing with intent to manufacture or distribute, meth- amphetamine or its salts, isomers or salts of iso- mers on premises in which an individual who is under the age of 18 years is present or resides, shall, in addition to any other sentence imposed, be imprisoned for a period of any term of years but not more than 20 years, subject to a fine, or both. (Pub. L. 91–513, title II, § 419a, as added Pub. L. 109–177, title VII, § 734(a), Mar. 9, 2006, 120 Stat. 270.) § 861. Employment or use of persons under 18 years of age in drug operations (a) Unlawful acts It shall be unlawful for any person at least eighteen years of age to knowingly and inten- tionally— (1) employ, hire, use, persuade, induce, en- tice, or coerce, a person under eighteen years of age to violate any provision of this sub- chapter or subchapter II; (2) employ, hire, use, persuade, induce, en- tice, or coerce, a person under eighteen years of age to assist in avoiding detection or appre- hension for any offense of this subchapter or subchapter II by any Federal, State, or local law enforcement official; or (3) receive a controlled substance from a per- son under 18 years of age, other than an imme- diate family member, in violation of this sub- chapter or subchapter II. (b) Penalty for first offense Any person who violates subsection (a) is sub- ject to twice the maximum punishment other- wise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater min- imum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. (c) Penalty for subsequent offenses Any person who violates subsection (a) after a prior conviction under subsection (a) of this sec- tion has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sen- tence is otherwise provided, a term of imprison- ment under this subsection shall not be less than one year. Penalties for third and subse- quent convictions shall be governed by section 841(b)(1)(A) of this title. (d) Penalty for providing or distributing con- trolled substance to underage person Any person who violates subsection (a)(1) or (2) 1 (1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to any person under eighteen years of age; or (2) if the person employed, hired, or used is fourteen years of age or younger, shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section. (e) Suspension of sentence; probation; parole In any case of any sentence imposed under this section, imposition or execution of such sen- tence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under section 4202 of title 18 2 until the individual has served the mandatory term of imprisonment as enhanced by this section. (f) Distribution of controlled substance to preg- nant individual Except as authorized by this subchapter, it shall be unlawful for any person to knowingly or intentionally provide or distribute any con- trolled substance to a pregnant individual in violation of any provision of this subchapter. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e). (Pub. L. 91–513, title II, § 420, formerly § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10; amended Pub. L. 100–690, title VI, §§ 6452(b)(1), 6459, 6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered § 420 and amended Pub. L. 101–647, title X, §§ 1002(c), 1003(c), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.) Editorial Notes REFERENCES IN TEXT Section 4202 of title 18, referred to in subsec. (e), which, as originally enacted in Title 18, Crimes and Criminal Procedure, related to eligibility of prisoners for parole, was repealed and a new section 4202 enacted as part of the repeal and enactment of a new chapter 311 (§ 4201 et seq.) of Title 18, by Pub. L. 94–233, § 2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the eli- gibility of prisoners for parole, see section 4205 of Title 18. Pub. L. 98–473, title II, §§ 218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, as amended, pro- vided that, effective on the first day of the first cal- endar month beginning 36 months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18 is repealed, subject to remaining effective for five years after Nov. 1, 1987, in certain circumstances. See Effective Date note set out under section 3551 of Title 18. CODIFICATION Section was classified to section 845b of this title prior to renumbering by Pub. L. 101–647. Page 869 TITLE 21—FOOD AND DRUGS § 862 AMENDMENTS 1990—Subsec. (b). Pub. L. 101–647, § 1003(c)(1), which di- rected the substitution of ‘‘is subject to twice the max- imum punishment otherwise authorized’’ for ‘‘is pun- ishable by a term of imprisonment up to twice that au- thorized, or up to twice the fine authorized, or both,’’ was executed by making the substitution for ‘‘is pun- ishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both,’’ to reflect the probable intent of Congress. Subsec. (c). Pub. L. 101–647, § 3599L, substituted ‘‘has become final’’ for ‘‘have become final’’. Pub. L. 101–647, § 1003(c)(2), which directed the substi- tution of ‘‘is subject to three times the maximum pun- ishment otherwise authorized’’ for ‘‘is punishable by a term of imprisonment up to three times that author- ized, or up to three times the fine authorized, or both,’’ was executed by making the substitution for ‘‘is pun- ishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both,’’ to reflect the probable intent of Congress. 1988—Subsec. (a)(3). Pub. L. 100–690, § 6459, added par. (3). Subsec. (c). Pub. L. 100–690, § 6452(b)(1), struck out ‘‘or convictions’’ after ‘‘a prior conviction’’ and inserted at end ‘‘Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.’’ Subsec. (e). Pub. L. 100–690, § 6470(d), struck out ‘‘re- quired by section 841(b) of this title’’ after ‘‘mandatory term of imprisonment’’. § 862. Denial of Federal benefits to drug traf- fickers and possessors (a) Drug traffickers (1) Any individual who is convicted of any Federal or State offense consisting of the dis- tribution of controlled substances shall— (A) at the discretion of the court, upon the first conviction for such an offense be ineli- gible for any or all Federal benefits for up to 5 years after such conviction; (B) at the discretion of the court, upon a sec- ond conviction for such an offense be ineligible for any or all Federal benefits for up to 10 years after such conviction; and (C) upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits. (2) The benefits which are denied under this subsection shall not include benefits relating to long-term drug treatment programs for addic- tion for any person who, if there is a reasonable body of evidence to substantiate such declara- tion, declares himself to be an addict and sub- mits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services. (b) Drug possessors (1) Any individual who is convicted of any Federal or State offense involving the posses- sion of a controlled substance (as such term is defined for purposes of this subchapter) shall— (A) upon the first conviction for such an of- fense and at the discretion of the court— (i) be ineligible for any or all Federal bene- fits for up to one year; (ii) be required to successfully complete an approved drug treatment program which in- cludes periodic testing to insure that the in- dividual remains drug free; (iii) be required to perform appropriate community service; or (iv) any combination of clause (i), (ii), or (iii); and (B) upon a second or subsequent conviction for such an offense be ineligible for all Federal benefits for up to 5 years after such conviction as determined by the court. The court shall continue to have the discretion in subpara- graph (A) above. In imposing penalties and conditions under subparagraph (A), the court may require that the completion of the condi- tions imposed by clause (ii) or (iii) be a re- quirement for the reinstatement of benefits under clause (i). (2) The penalties and conditions which may be imposed under this subsection shall be waived in the case of a person who, if there is a reasonable body of evidence to substantiate such declara- tion, declares himself to be an addict and sub- mits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services. (c) Suspension of period of ineligibility The period of ineligibility referred to in sub- sections (a) and (b) shall be suspended if the in- dividual— (A) completes a supervised drug rehabilita- tion program after becoming ineligible under this section; (B) has otherwise been rehabilitated; or (C) has made a good faith effort to gain ad- mission to a supervised drug rehabilitation program, but is unable to do so because of in- accessibility or unavailability of such a pro- gram, or the inability of the individual to pay for such a program. (d) Definitions As used in this section— (1) the term ‘‘Federal benefit’’— (A) means the issuance of any grant, con- tract, loan, professional license, or commer- cial license provided by an agency of the United States or by appropriated funds of the United States; and (B) does not include any retirement, wel- fare, Social Security, health, disability, vet- erans benefit, public housing, or other simi- lar benefit, or any other benefit for which payments or services are required for eligi- bility; and (2) the term ‘‘veterans benefit’’ means all benefits provided to veterans, their families, or survivors by virtue of the service of a vet- eran in the Armed Forces of the United States. (e) Inapplicability of this section to Government witnesses The penalties provided by this section shall not apply to any individual who cooperates or testifies with the Government in the prosecu- tion of a Federal or State offense or who is in a Government witness protection program. (f) Indian provision Nothing in this section shall be construed to affect the obligation of the United States to any Indian or Indian tribe arising out of any treaty,