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

Summary

It is illegal to knowingly open, rent, lease, use, keep, or manage any place if the purpose is to make, store, sell, or use illegal drugs. That rule covers people who own, rent, manage, or otherwise control a property and who let it be used for those drug activities, whether or not they get paid. If you break this rule, you can face up to 20 years in prison and a fine up to $500,000, or both; organizations can be fined up to $2,000,000. Civilly, you can be fined the larger of $250,000 or twice the money earned from the violation; the court can split the bill among multiple violators, but each can be held responsible for the whole amount. Courts can also issue orders to stop the activity and other civil relief. Violations are treated as property offenses for certain federal purposes.

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