21-U.S.C.-859
§859 – Distribution to Persons Under Age Twenty-One
Pathway
Title 21 > Chapter 13 > Subchapter I > Part D > Section 859
Details
- Reference: Section 859
- Legend: §859 – Distribution to Persons Under Age Twenty-One
- USCode Year: 2013
Provision Content
(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.
(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.)
Codification
Section was classified to section 845 of this title prior to renumbering by Pub. L. 101–647.
Amendments
1990—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 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.
U.S. Encyclopedia of Law Coverage
21-U.S.C.-858 in the Legal Encyclopedia: Penalties
In this entry about 21-U.S.C.-858, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.
21-U.S.C.-847 in the Legal Encyclopedia: Drug Abuse Control
In this entry about 21-U.S.C.-847, find legal reference material, bibliographies and premiere content related to drug abuse control in the American Encyclopedia of Law, presenting a comprehensive view of the United States drug abuse control-specific issues, written by authorities in the field.
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