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

Summary

Unless section 860 says otherwise, if a person 18 years or older gives a controlled substance to someone under 21, the penalties are increased. For a first offense with the same drug and schedule, the person faces up to twice the usual maximum prison term and at least twice the usual supervised‑release time under section 841(b). Unless section 841(b) already requires a longer minimum, the prison term must be at least one year. The mandatory minimum does not apply to offenses involving 5 grams or less of marihuana. Unless section 860 says otherwise, if the person already has a final prior conviction under this rule (or under former section 333(b) as it read before May 1, 1971), a second offense with the same drug and schedule carries up to three times the usual maximum prison term and at least three times the usual supervised‑release time. Unless section 841(b) sets a larger minimum, that prison term must be at least one year. Penalties for third and later convictions are set by section 841(b)(1)(A).

Title 21, §859

Food and Drugs — Source: USLM XML via OLRC

(a)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 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, and (2) at least twice any term of supervised release authorized by section 841(b) of this title, 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, 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)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 distributing 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 authorized 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 subsequent convictions shall be governed by section 841(b)(1)(A) of this title.

Notes & Related Subsidiaries

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), substituted “subject to (1) twice 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 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 marihuana.” 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 supervised 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 imprisonment 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 supervised release” for “special parole term”. 1984—Subsecs. (a), (b). Pub. L. 98–473, § 503(b)(3), substituted “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 AmendmentAmendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 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.

§859 Distribution to persons under age twenty-one

Summary

Title 21, §859

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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