§862 Denial of Federal Benefits to Drug Traffickers and Possessors

Summary

People convicted of selling illegal drugs can be stopped from getting federal benefits. For a first conviction for distribution, a court can bar some or all federal benefits for up to 5 years. For a second conviction, up to 10 years. A third or later conviction can mean losing all federal benefits forever. Benefits for long-term drug treatment are still allowed for anyone who admits they are an addict and enters a long-term program, or who is declared rehabilitated by the Secretary of Health and Human Services. People convicted of possessing drugs face lighter penalties. On a first possession conviction a court can bar benefits for up to 1 year, require an approved treatment program with testing, require community service, or combine those options. A second or later possession conviction can lead to being barred from federal benefits for up to 5 years. The ban can be paused if the person finishes supervised rehab, is otherwise rehabilitated, or tried but could not get into rehab because it was unavailable or too expensive. “Federal benefit” means things like grants, contracts, loans, and federal licenses, but not retirement, welfare, Social Security, health, disability, veterans benefits, public housing, or similar programs. Witnesses who help the government and certain protections for Indian tribes are exceptions. These rules applied to convictions after September 1, 1989, and the President had to report to Congress by May 1, 1989.