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

Summary

It punishes people who sell, try to sell, or make illegal drugs on school or public-youth property, or very near those places. The covered places include public or private elementary, vocational, or secondary schools; colleges and universities; playgrounds; public housing owned by a housing authority; and youth centers, public swimming pools, or video arcades. If the crime happens on the property or within 1,000 feet of schools, colleges, playgrounds, or public housing, or within 100 feet of youth centers, pools, or arcades, the person faces harsher federal penalties: for a first qualifying offense the punishment and fines can be up to twice as large as the usual federal drug penalty, and supervised release must be at least twice as long. A first-offense prison term must be at least one year, unless the main federal drug law requires a higher minimum. The mandatory minimum does not apply if the offense involves 5 grams or less of marijuana. After a final prior conviction under these rules, penalties increase: the sentence must be at least three years (and can be up to life), or up to three times the usual maximum, with at least three times the supervised release and up to three times the fines. Third and later convictions follow the federal repeat-offender drug rules. If a person 21 or older knowingly uses or pressures someone under 18 to commit these acts or to help avoid being caught, the person faces added punishment. Mandatory minimum sentences cannot be suspended, probation cannot be given in place of them, and parole is not allowed until the minimum time is served. Definitions (one line each): playground — outdoor public play area with at least three pieces of children’s equipment; youth center — rec center or gym mainly for people under 18 with regular activities; video arcade facility — place open to under-18s with at least ten pinball/video machines; swimming pool — includes its parking lot.

Title 21, §860

Food and Drugs — Source: USLM XML via OLRC

(a)Any person who violates section 841(a)(1) of this title or section 856 of this title 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; and (2) at least twice any term of supervised 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 imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise 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 provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.

(b)Any person who violates section 841(a)(1) of this title or section 856 of this title 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 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 authorized by section 841(b) of this title 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, 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.

(c)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,

(d)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)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 845a of this title prior to renumbering by Pub. L. 101–647.

Amendments

1994—Subsec. (a). Pub. L. 103–322, § 320107, substituted “playground, or housing facility owned by a public housing authority, or within” for “playground, or within”. Subsec. (b). Pub. L. 103–322, §§ 320107, 330009(a), substituted “playground, or housing facility owned by a public housing authority, or within” for “playground, or within” and inserted a period at end of penultimate sentence. Subsecs. (c) to (e). Pub. L. 103–322, § 140006, added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1990—Subsec. (a). Pub. L. 101–647, § 1502(1), inserted “or a playground,” after “university,” and struck out “playground,” after “within 100 feet of a”. Pub. L. 101–647, § 1214(1)(C), substituted “a person shall be sentenced under this subsection to a term of imprisonment of not less than one year” for “a term of imprisonment under this subsection shall be not less than one year”. Pub. L. 101–647, § 1214(1)(B), inserted “A fine up to twice that authorized by section 841(b) of this title may be imposed in addition to any term of imprisonment authorized by this subsection.” Pub. L. 101–647, § 1214(1)(A), which directed the amendment of par. (1) by striking out “, or a fine, or both,” could not be executed because those words did not appear. See note below. Pub. L. 101–647, § 1003(b)(1), which directed the substitution of “subject to (1) twice the maximum punishment authorized by section 841(b) of this title” for “punishable (1) by a term of imprisonment, or a fine, or both, up to twice that authorized by section 841(b) of this title”, was executed by making the substitution for “punishable (1) by a term of imprisonment, or fine, or both, up to twice that authorized by section 841(b) of this title” to reflect the probable intent of Congress. Subsec. (b). Pub. L. 101–647, § 3599L, substituted “has become final” for “have become final”. Pub. L. 101–647, § 1502(2), inserted “or a playground,” after “university,” and struck out “playground,” after “within 100 feet of a”. Pub. L. 101–647, § 1214(2)(B), inserted after first sentence “A fine up to three times that authorized by section 841(b) of this title 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, a person shall be sentenced under this subsection to a term of imprisonment of not less than three years”. Subsec. (b)(1)(B). Pub. L. 101–647, § 1214(2)(A), which directed the amendment of subpar. (B) by striking “, or a fine up to three times that” through “or both”, could not be executed because the language did not appear after execution of the intervening amendment by Pub. L. 101–647, § 1003(b)(2). See below. Pub. L. 101–647, § 1003(b)(2), substituted “three times the maximum punishment authorized by section 841(b) of this title for a first offense” for “a term of imprisonment of up to three times that authorized by section 841(b) of this title for a first offense, or a fine up to three times that authorized by section 841(b) of this title for a first offense, or both”. Subsec. (c). Pub. L. 101–647, § 1214(3), inserted “mandatory minimum” after “In the case of any”, struck out “subsection (b)” after “imposed under”, struck out “of” before “this section” in a reference to “of this section” which was editorially added before “, imposition or”, and substituted “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” for “An individual convicted under subsection (b) of this section shall not be eligible for parole under chapter 311 of title 18 until the individual has served the minimum sentence required by such subsection”. 1988—Subsec. (a). Pub. L. 100–690, §§ 6457, 6458(a), inserted “, possessing with intent to distribute,” after “distributing” and “, or within 100 feet of a playground, public or private youth center, public swimming pool, or video arcade facility,” after “university”. Subsec. (b). Pub. L. 100–690, §§ 6452(b)(1), 6457, 6458(a), inserted “, possessing with intent to distribute,” after “distributing”, and “, or within 100 feet of a playground, public or private youth center, public swimming pool, or video arcade facility,” after “university”, substituted “a prior conviction” for “a prior conviction or convictions”, and inserted at end “Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.” Subsec. (d). Pub. L. 100–690, § 6458(b), added subsec. (d). 1986—Subsec. (a). Pub. L. 99–570, §§ 1104(a), (b), 1105(c), 1841(b)(1), inserted “or section 856 of this title” and “or manufacturing”, substituted “a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university” for “a public or private elementary or secondary school”, struck out “involving the same controlled substance and schedule” after “for a first offense”, and 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”. Subsec. (b). Pub. L. 99–646 which directed that “parole” be inserted after “(2) at least three times any special” could not be executed in view of prior amendment by Pub. L. 99–570, § 1104(c) below. Pub. L. 99–570, § 1866(b), which directed that “term of supervised release” be substituted for “special term” could not be executed in view of prior amendment by Pub. L. 99–570, § 1104(c) below. Pub. L. 99–570, §§ 1104(a), 1841(b)(2), inserted reference to section 856 of this title, inserted “or manufacturing” after “distributing” and substituted “a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university” for “a public or private elementary or secondary school”. Pub. L. 99–570, § 1104(c), amended cls. (1) and (2) generally. Prior to amendment, cls. (1) and (2) read as follows: “(1) by a term of imprisonment of not less than three years and not more than life imprisonment and (2) at least three times any special term authorized by section 841(b) of this title for a second or subsequent offense involving the same controlled substance and schedule.” Subsec. (c). Pub. L. 99–570, § 1866(c), substituted reference to chapter 311 of title 18 for reference to section 4202 of that title.

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.

§860 Distribution or manufacturing in or near schools and colleges