
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC859]

 
                        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


(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, Sec. 418, formerly Sec. 405, Oct. 27, 1970, 
84 Stat. 1265; Pub. L. 98-473, title II, Secs. 224(b), 503(b)(3), Oct. 
12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, Secs. 1004(a), 
1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11; Pub. 
L. 100-690, title VI, Secs. 6452(b), 6455, 6456, Nov. 18, 1988, 102 
Stat. 4371, 4372; renumbered Sec. 418 and amended Pub. L. 101-647, title 
X, Secs. 1002(a), 1003(a), title XXXV, Sec. 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, 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.

                  Section Referred to in Other Sections

    This section is referred to in section 841 of this title; title 18 
section 3592.
