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 Repealed.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sions set out as a note under section 801 of this title, was to become effective 90 days after Oct. 27, 1986, was repealed by Pub.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 Except as provided in section 860 of this title, any person at least eighteen years of age who violates section 841(a)(1) of this title by distrib- uting 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, and (2) at least twice any term of super- vised release authorized by section 841(b) of this title, for a first offense involving the same con- trolled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, 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, any person at least eighteen years of age who violates section 841(a)(1) of this title by distrib- uting 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 as in effect prior to May 1, 1971) has become final, is subject to (1) three times the maximum punishment author- ized by section 841(b) of this title, and (2) at least three times any term of supervised release authorized by section 841(b) of this title, 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, a term of imprisonment under this subsection shall be not less than one year. Penalties for third and subse- quent convictions shall be governed by section 841(b)(1)(A) of this title. (Pub. L. 91–513, title II, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§ 224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207–6, 3207–11; Pub. L. 100–690, title VI, §§ 6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered § 418 and amended Pub. L. 101–647, title X, §§ 1002(a), 1003(a), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.) Editorial Notes CODIFICATION Section was classified to section 845 of this title prior to renumbering by Pub. L. 101–647. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647, § 1003(a)(1), sub- stituted ‘‘subject to (1) twice the maximum punishment authorized by section 841(b) of this title’’ for ‘‘punish- able by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 841(b) of this title’’. Pub. L. 101–647, § 1002(a)(2)(A), substituted ‘‘section 860’’ for ‘‘section 845a’’. Subsec. (b). Pub. L. 101–647, § 3599L, substituted ‘‘has become final’’ for ‘‘have become final’’. Pub. L. 101–647, § 1003(a)(2), substituted ‘‘subject to (1) three times the maximum punishment authorized by section 841(b) of this title’’ for ‘‘punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 841(b) of this title’’. Pub. L. 101–647, § 1002(a)(2)(B), substituted ‘‘section 860’’ for ‘‘section 845a’’. 1988—Subsec. (a). Pub. L. 100–690, § 6455, inserted at end ‘‘The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.’’ Subsec. (b). Pub. L. 100–690, § 6452(b), struck out ‘‘or subsequent’’ after ‘‘Second’’ in heading, and in text 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.’’ Pub. L. 100–690, § 6456, struck out ‘‘The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of mari- huana.’’ 1986—Subsec. (a). Pub. L. 99–570, § 1105(a), inserted ‘‘Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, a term of imprisonment under this subsection shall be not less than one year.’’ Pub. L. 99–570, § 1004(a), substituted ‘‘term of super- vised release’’ for ‘‘special parole term’’. Subsec. (b). Pub. L. 99–570, § 1105(b), inserted ‘‘Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, a term of impris- onment under this subsection shall be 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.’’ Pub. L. 99–570, § 1004(a), substituted ‘‘term of super- vised release’’ for ‘‘special parole term’’. 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 term of super- vised release authorized by section 841(b) of this title for a first offense. A fine up to twice that authorized by section 841(b) of this title may be imposed in addition to any term of imprison- ment authorized by this subsection. Except to the extent a greater minimum sentence is other- wise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing pro- visions of this paragraph shall not apply to of- fenses involving 5 grams or less of marihuana. (b) Second offenders 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, after a prior conviction under subsection (a) has become final is punish- able (1) by the greater of (A) a term of imprison- ment 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 for a first offense, and (2) at least three times any term of supervised release authorized by section 841(b) of this title for a first offense. A fine up to three times that au- thorized by section 841(b) of this title may be imposed in addition to any term of imprison- ment authorized by this subsection. Except to the extent a greater minimum sentence is other- wise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than three years. Penalties for third and subsequent con- victions shall be governed by section 841(b)(1)(A) of this title. (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 inten- tionally— (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 appre- hension 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. (d) Suspension of sentence; probation; parole In the case of any mandatory minimum sen- tence imposed under this section, imposition or execution of such sentence shall not be sus- pended 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 impris- onment as provided by this section. (e) Definitions For the purposes of this section— (1) The term ‘‘playground’’ means any out- door facility (including any parking lot appur- tenant 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 includ- ing, but not limited to, sliding boards, swingsets, and teeterboards. (2) The term ‘‘youth center’’ means any rec- reational facility and/or gymnasium (includ- ing any parking lot appurtenant thereto), in- tended primarily for use by persons under 18 years of age, which regularly provides ath- letic, 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 pin- ball and/or video machines. (4) The term ‘‘swimming pool’’ includes any parking lot appurtenant thereto. (Pub. L. 91–513, title II, § 419, formerly § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069; amended Pub. L. 99–570, title I, §§ 1004(a), 1104, 1105(c), 1841(b), 1866(b), (c), Oct.