Title 21, Food and DrugsRelease 119-110
§859 Distribution to Persons Under Age Twenty-one
Title 21 › CHAPTER 13 — DRUG ABUSE PREVENTION AND CONTROL › SUBCHAPTER I — CONTROL AND ENFORCEMENT › Part D — Offenses and Penalties › § 859
Summary
If a person 18 or older sells or gives illegal drugs to someone under 21, the penalties are stronger than the usual drug punishments. For a first offense, the prison term and any supervised release must be doubled compared with the usual maximum for that drug. Unless another law requires a longer minimum, the prison sentence must be at least one year. The doubled minimum rule does not apply to 5 grams or less of marijuana. Other federal rules may change these results. If the person was already convicted before for the same drug offense, the penalties are tripled instead of doubled, and supervised release must be at least three times the usual term. Again, the prison term must be at least one year unless a higher minimum is required by another law. Third and later convictions follow the main drug-law penalties.
Full Legal Text
Title 21, §859
Food and Drugs, Source: USLM XML via OLRC
(a)First offense
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)Second offense
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
21 U.S.C. § 859
Title 21, Food and Drugs
Last Updated
Sep 22, 2026
Release point: 119-110