Title 34 — NavyRelease 119-73
§12522 Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
Title 34 › Subtitle Subtitle I— - Comprehensive Acts › Chapter CHAPTER 121— - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT › Subchapter SUBCHAPTER IV— - DRUG CONTROL › § 12522
Summary
Federal prisons must be free of illegal drugs. Anyone who uses, brings, or sells drugs in a federal prison will be prosecuted. U.S. Sentencing Commission must raise penalties under section 994 of title 28 for convictions under section 844 of title 21 (possession in prison) and section 841(b) of title 21 (smuggling or distributing in prison). Courts cannot give probation for those offenses.
Full Legal Text
Title 34, §12522
Navy — Source: USLM XML via OLRC
(a)It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
(b)Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—
(1)under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
(2)under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
(c)Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 14052 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section is comprised of section 90103 of Pub. L. 103–322. Subsec. (b) of section 90103 of Pub. L. 103–322 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.
Reference
Citations & Metadata
Citation
34 U.S.C. § 12522
Title 34 — Navy
Last Updated
Apr 6, 2026
Release point: 119-73