§856 — Title 21 Food and Drugs | U.S. Code

Summary

It is illegal to knowingly open, rent, lease, use, or keep any place, permanent or temporary, for making, selling, storing, or using illegal drugs. It is also illegal to run or control a place and knowingly rent it out, profit from it, or make it available for those drug activities, whether you are an owner, tenant, agent, employee, occupant, or mortgage holder. People who break this rule can go to prison for up to 20 years, or be fined up to $500,000, or both. Organizations can be fined up to $2,000,000. They can also face a civil penalty up to the larger of $250,000 or twice the gross receipts (money made) from each violation. If more than one person is liable, the court can split the penalty, but each person can still be held responsible for the whole amount. They may also face declaratory and injunctive court orders under section 843(f).

Title 21, §856

Food and Drugs — Source: USLM XML via OLRC

(a)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)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)A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18.

(d)(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)Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Pub. L. 108–21, § 608(b)(2), substituted “Maintaining drug-involved premises” for “Establishment of manufacturing operations” in section catchline. Subsec. (a)(1). Pub. L. 108–21, § 608(b)(1)(A), substituted “open, lease, rent, use, or maintain any place, whether permanently or temporarily,” for “open or maintain any place”. Subsec. (a)(2). Pub. L. 108–21, § 608(b)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.” Subsecs. (d), (e). Pub. L. 108–21, § 608(c), added subsecs. (d) and (e). 2000—Subsec. (c). Pub. L. 106–310 added subsec. (c).

§856 Maintaining drug-involved premises

Summary

Title 21, §856

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata