2015 US Code
Title 21 - Food and Drugs (Sections 1 - 2252)
Chapter 13 - Drug Abuse Prevention and Control (Sections 801 - 971)
Subchapter I - Control and Enforcement (Sections 801 - 904)
Part D - Offenses and Penalties (Sections 841 - 865)
Sec. 859 - Distribution to persons under age twenty-one
Publication Title | United States Code, 2012 Edition, Supplement 3, 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. 859 - Distribution to persons under age twenty-one |
Contains | section 859 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-513, title II, §418, formerly §405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98-473, title II, §§224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, §§1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11; Pub. L. 100-690, title VI, §§6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered §418 and amended Pub. L. 101-647, title X, §§1002(a), 1003(a), title XXXV, §3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932. |
Statutes at Large References | 84 Stat. 1265 98 Stat. 2030 100 Stat. 3207-6 102 Stat. 4371 104 Stat. 4827 |
Public and Private Laws | Public Law 91-513, Public Law 98-473, Public Law 99-570, Public Law 100-690, Public Law 101-647 |
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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) of this section) 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 offenseExcept 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.
(Pub. L. 91–513, title II, §418, formerly §405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207–6, 3207–11; Pub. L. 100–690, title VI, §§6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered §418 and amended Pub. L. 101–647, title X, §§1002(a), 1003(a), title XXXV, §3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
CODIFICATIONSection was classified to section 845 of this title prior to renumbering by Pub. L. 101–647.
AMENDMENTS1990—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).
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.
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