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Title 34 — NavyRelease 119-73not60

§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 121— VIOLENT CRIME CONTROL AND LAW ENFORCEMENT › Subchapter IV— DRUG CONTROL › § 12522

Last updated Apr 5, 2026|Official source

Summary

It makes illegal drug use and smuggling in federal prisons and other federal detention facilities a serious crime and requires tougher punishment. The U.S. Sentencing Commission must change its rules to increase penalties for people convicted of simple possession inside a federal prison (21 U.S.C. 844) or for smuggling, distributing, or trying to distribute drugs into or inside a federal prison (21 U.S.C. 841(b)). Courts cannot give probation to anyone convicted of these 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 5, 2026

Release point: 119-73not60