2011 US Code
Title 21 - Food and Drugs
Chapter 13 - DRUG ABUSE PREVENTION AND CONTROL (§§ 801 - 971)
Subchapter I - CONTROL AND ENFORCEMENT (§§ 801 - 904)
Part D - Offenses and Penalties (§§ 841 - 865)
Section 856 - Maintaining drug-involved premises
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 21 - FOOD AND DRUGS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 21 - FOOD AND DRUGS CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I - CONTROL AND ENFORCEMENT Part D - Offenses and Penalties Sec. 856 - Maintaining drug-involved premises |
Contains | section 856 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-513, title II, §416, as added Pub. L. 99-570, title I, §1841(a), Oct. 27, 1986, 100 Stat. 3207-52; amended Pub. L. 106-310, div. B, title XXXVI, §3613(e), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 108-21, title VI, §608(b)(1), (2), (c), Apr. 30, 2003, 117 Stat. 691. |
Statutes at Large References | 100 Stat. 3207-52 114 Stat. 1230 117 Stat. 691 |
Public Law References | Public Law 91-513, Public Law 99-570, Public Law 106-310, Public Law 108-21 |
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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 penaltiesAny 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 propertyA violation of subsection (a) of this section shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18.
(d) Civil penalites(1) Any person who violates subsection (a) of this section 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 remediesAny person who violates subsection (a) of this section shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.
(Pub. L. 91–513, title II, §416, as added Pub. L. 99–570, title I, §1841(a), Oct. 27, 1986, 100 Stat. 3207–52; amended Pub. L. 106–310, div. B, title XXXVI, §3613(e), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 108–21, title VI, §608(b)(1), (2), (c), Apr. 30, 2003, 117 Stat. 691.)
Amendments2003—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).
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