-CITE-
21 USC Sec. 859 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 859. Distribution to
persons under age twenty-one
-STATUTE-
(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) 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
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.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 418, formerly Sec. 405, Oct. 27, 1970,
84 Stat. 1265; Pub. L. 98-473, title II, Sec. 224(b), 503(b)(3),
Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title
I, Sec. 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat.
3207-6, 3207-11; Pub. L. 100-690, title VI, Sec. 6452(b), 6455,
6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered Sec. 418
and amended Pub. L. 101-647, title X, Sec. 1002(a), 1003(a), title
XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
-COD-
CODIFICATION
Section was classified to
section 845 of this title prior to renumbering
by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Subsec. (a). Pub.
L. 101-647, Sec. 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, Sec. 1002(a)(2)(A),
substituted ''section 860'' for
''section 845a''.
Subsec. (b). Pub. L. 101-647,
Sec. 3599L, substituted ''has become
final'' for ''have become final''.
Pub. L. 101-647, Sec. 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, Sec. 1002(a)(2)(B),
substituted ''section 860'' for
''section 845a''.
1988 - Subsec. (a). Pub.
L. 100-690, Sec. 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,
Sec. 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, Sec. 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, Sec. 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, Sec. 1004(a),
substituted ''term of supervised release''
for ''special parole term''.
Subsec. (b). Pub. L. 99-570,
Sec. 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, Sec. 1004(a),
substituted ''term of supervised release''
for ''special parole term''.
1984 - Subsecs. (a), (b).
Pub. L. 98-473, Sec. 503(b)(3), substituted
''Except as provided in section 845a of this title, any''
for ''Any''.
Pub. L. 98-473, Sec. 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,
Sec. 1005(b)(1).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment 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.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 841 of this title; title 18 section
3592.
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