PRIA, Government Policy, Made Personal

Summary

It is illegal to knowingly open, rent, lease, use, run, or let others use any place if it is used to make, sell, store, or use illegal drugs, and it is illegal for an owner, manager, or someone in control of a place to knowingly let it be used for those drug activities and profit from it. If you break this rule you can go to prison for up to 20 years and be fined up to $500,000, or both; businesses can be fined up to $2,000,000. The offense is treated as a property crime. You can also be ordered to pay a civil penalty equal to $250,000 or twice the money made from the illegal activity, whichever is larger; if several people are responsible the court can divide the penalty but each can still be held for the full amount. Courts may also issue orders to stop the activity and other remedies under federal law.

Title 21, §856

Food and Drugs, Source: USLM XML via OLRC

(a)Unlawful acts

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)Criminal penalties

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)Violation as offense against property

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)Civil penalties

(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)Declaratory and injunctive remedies

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