
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: 21USC860]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 860. Distribution or manufacturing in or near schools and 
        colleges
        

(a) Penalty

    Any person who violates section 841(a)(1) of this title or section 
856 of this title by distributing, possessing with intent to distribute, 
or manufacturing a controlled substance in or on, or within one thousand 
feet of, the real property comprising a public or private elementary, 
vocational, or secondary school or a public or private college, junior 
college, or university, or a playground, or housing facility owned by a 
public housing authority, or within 100 feet of a public or private 
youth center, public swimming pool, or video arcade facility, 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. A fine up to twice that 
authorized by section 841(b) of this title may be imposed in addition to 
any term of imprisonment authorized by this subsection. Except to the 
extent a greater minimum sentence is otherwise provided by section 
841(b) of this title, a person shall be sentenced under this subsection 
to a term of imprisonment of 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.

(b) Second offenders

    Any person who violates section 841(a)(1) of this title or section 
856 of this title by distributing, possessing with intent to distribute, 
or manufacturing a controlled substance in or on, or within one thousand 
feet of, the real property comprising a public or private elementary, 
vocational, or secondary school or a public or private college, junior 
college, or university, or a playground, or housing facility owned by a 
public housing authority, or within 100 feet of a public or private 
youth center, public swimming pool, or video arcade facility, after a 
prior conviction under subsection (a) of this section has become final 
is punishable (1) by the greater of (A) a term of imprisonment of not 
less than three years and not more than life imprisonment or (B) three 
times the maximum punishment authorized by section 841(b) of this title 
for a first offense, and (2) at least three times any term of supervised 
release authorized by section 841(b) of this title for a first offense. 
A fine up to three times that authorized by section 841(b) of this title 
may be imposed in addition to any term of imprisonment authorized by 
this subsection. Except to the extent a greater minimum sentence is 
otherwise provided by section 841(b) of this title, a person shall be 
sentenced under this subsection to a term of imprisonment of not less 
than three years. Penalties for third and subsequent convictions shall 
be governed by section 841(b)(1)(A) of this title.

(c) Employing children to distribute drugs near schools or playgrounds

    Notwithstanding any other law, any person at least 21 years of age 
who knowingly and intentionally--
        (1) employs, hires, uses, persuades, induces, entices, or 
    coerces a person under 18 years of age to violate this section; or
        (2) employs, hires, uses, persuades, induces, entices, or 
    coerces a person under 18 years of age to assist in avoiding 
    detection or apprehension for any offense under this section by any 
    Federal, State, or local law enforcement official,

is punishable by a term of imprisonment, a fine, or both, up to triple 
those authorized by section 841 of this title.

(d) Suspension of sentence; probation; parole

    In the case of any mandatory minimum sentence imposed under this 
section, imposition or execution of such sentence shall not be suspended 
and probation shall not be granted. An individual convicted under this 
section shall not be eligible for parole until the individual has served 
the mandatory minimum term of imprisonment as provided by this section.

(e) Definitions

    For the purposes of this section--
        (1) The term ``playground'' means any outdoor facility 
    (including any parking lot appurtenant thereto) intended for 
    recreation, open to the public, and with any portion thereof 
    containing three or more separate apparatus intended for the 
    recreation of children including, but not limited to, sliding 
    boards, swingsets, and teeterboards.
        (2) The term ``youth center'' means any recreational facility 
    and/or gymnasium (including any parking lot appurtenant thereto), 
    intended primarily for use by persons under 18 years of age, which 
    regularly provides athletic, civic, or cultural activities.
        (3) The term ``video arcade facility'' means any facility, 
    legally accessible to persons under 18 years of age, intended 
    primarily for the use of pinball and video machines for amusement 
    containing a minimum of ten pinball and/or video machines.
        (4) The term ``swimming pool'' includes any parking lot 
    appurtenant thereto.

(Pub. L. 91-513, title II, Sec. 419, formerly Sec. 405A, as added Pub. 
L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069; amended 
Pub. L. 99-570, title I, Secs. 1004(a), 1104, 1105(c), 1841(b), 1866(b), 
(c), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11, 3207-52, 3207-55; Pub. L. 
99-646, Sec. 28, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 100-690, title 
VI, Secs. 6452(b)(1), 6457, 6458, Nov. 18, 1988, 102 Stat. 4371, 4373; 
renumbered Sec. 419 and amended Pub. L. 101-647, title X, Secs. 1002(b), 
1003(b), title XII, Sec. 1214, title XV, Sec. 1502, title XXXV, 
Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4833, 4836, 4932; Pub. 
L. 103-322, title XIV, Sec. 140006, title XXXII, Sec. 320107, title 
XXXIII, Sec. 330009(a), Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)

                          Codification

    Section was classified to section 845a of this title prior to 
renumbering by Pub. L. 101-647.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-322, Sec. 320107, substituted 
``playground, or housing facility owned by a public housing authority, 
or within'' for ``playground, or within''.
    Subsec. (b). Pub. L. 103-322, Secs. 320107, 330009(a), substituted 
``playground, or housing facility owned by a public housing authority, 
or within'' for ``playground, or within'' and inserted a period at end 
of penultimate sentence.
    Subsecs. (c) to (e). Pub. L. 103-322, Sec. 140006, added subsec. (c) 
and redesignated former subsecs. (c) and (d) as (d) and (e), 
respectively.
    1990--Subsec. (a). Pub. L. 101-647, Sec. 1502(1), inserted ``or a 
playground,'' after ``university,'' and struck out ``playground,'' after 
``within 100 feet of a''.
    Pub. L. 101-647, Sec. 1214(1)(C), substituted ``a person shall be 
sentenced under this subsection to a term of imprisonment of not less 
than one year'' for ``a term of imprisonment under this subsection shall 
be not less than one year''.
    Pub. L. 101-647, Sec. 1214(1)(B), inserted ``A fine up to twice that 
authorized by section 841(b) of this title may be imposed in addition to 
any term of imprisonment authorized by this subsection.''
    Pub. L. 101-647, Sec. 1214(1)(A), which directed the amendment of 
par. (1) by striking out ``, or a fine, or both,'' could not be executed 
because those words did not appear. See note below.
    Pub. L. 101-647, Sec. 1003(b)(1), which directed the substitution of 
``subject to (1) twice the maximum punishment authorized by section 
841(b) of this title'' for ``punishable (1) by a term of imprisonment, 
or a fine, or both, up to twice that authorized by section 841(b) of 
this title'', was executed by making the substitution for ``punishable 
(1) by a term of imprisonment, or fine, or both, up to twice that 
authorized by section 841(b) of this title'' to reflect the probable 
intent of Congress.
    Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted ``has become 
final'' for ``have become final''.
    Pub. L. 101-647, Sec. 1502(2), inserted ``or a playground,'' after 
``university,'' and struck out ``playground,'' after ``within 100 feet 
of a''.
    Pub. L. 101-647, Sec. 1214(2)(B), inserted after first sentence ``A 
fine up to three times that authorized by section 841(b) of this title 
may be imposed in addition to any term of imprisonment authorized by 
this subsection. Except to the extent a greater minimum sentence is 
otherwise provided by section 841(b) of this title, a person shall be 
sentenced under this subsection to a term of imprisonment of not less 
than three years''.
    Subsec. (b)(1)(B). Pub. L. 101-647, Sec. 1214(2)(A), which directed 
the amendment of subpar. (B) by striking ``, or a fine up to three times 
that'' through ``or both'', could not be executed because the language 
did not appear after execution of the intervening amendment by Pub. L. 
101-647, Sec. 1003(b)(2). See below.
    Pub. L. 101-647, Sec. 1003(b)(2), substituted ``three times the 
maximum punishment authorized by section 841(b) of this title for a 
first offense'' for ``a term of imprisonment of up to three times that 
authorized by section 841(b) of this title for a first offense, or a 
fine up to three times that authorized by section 841(b) of this title 
for a first offense, or both''.
    Subsec. (c). Pub. L. 101-647, Sec. 1214(3), inserted ``mandatory 
minimum'' after ``In the case of any'', struck out ``subsection (b) of'' 
after ``imposed under'', and substituted ``An individual convicted under 
this section shall not be eligible for parole until the individual has 
served the mandatory minimum term of imprisonment as provided by this 
section'' for ``An individual convicted under subsection (b) of this 
section shall not be eligible for parole under chapter 311 of title 18 
until the individual has served the minimum sentence required by such 
subsection''.
    1988--Subsec. (a). Pub. L. 100-690, Secs. 6457, 6458(a), inserted 
``, possessing with intent to distribute,'' after ``distributing'' and 
``, or within 100 feet of a playground, public or private youth center, 
public swimming pool, or video arcade facility,'' after ``university''.
    Subsec. (b). Pub. L. 100-690, Secs. 6452(b)(1), 6457, 6458(a), 
inserted ``, possessing with intent to distribute,'' after 
``distributing'', and ``, or within 100 feet of a playground, public or 
private youth center, public swimming pool, or video arcade facility,'' 
after ``university'', substituted ``a prior conviction'' for ``a prior 
conviction or convictions'', and inserted at end ``Penalties for third 
and subsequent convictions shall be governed by section 841(b)(1)(A) of 
this title.''
    Subsec. (d). Pub. L. 100-690, Sec. 6458(b), added subsec. (d).
    1986--Subsec. (a). Pub. L. 99-570, Secs. 1104(a), (b), 1105(c), 
1841(b)(1), inserted ``or section 856 of this title'' and ``or 
manufacturing'', substituted ``a public or private elementary, 
vocational, or secondary school or a public or private college, junior 
college, or university'' for ``a public or private elementary or 
secondary school'', struck out ``involving the same controlled substance 
and schedule'' after ``for a first offense'', and 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''.
    Subsec. (b). Pub. L. 99-646 which directed that ``parole'' be 
inserted after ``(2) at least three times any special'' could not be 
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c) 
below.
    Pub. L. 99-570, Sec. 1166(b), which directed that ``term of 
supervised release'' be substituted for ``special term'' could not be 
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c) 
below.
    Pub. L. 99-570, Secs. 1104(a), 1841(b)(2), inserted reference to 
section 856 of this title, inserted ``or manufacturing'' after 
``distributing'' and substituted ``a public or private elementary, 
vocational, or secondary school or a public or private college, junior 
college, or university'' for ``a public or private elementary or 
secondary school''.
    Pub. L. 99-570, Sec. 1104(c), amended cls. (1) and (2) generally. 
Prior to amendment, cls. (1) and (2) read as follows: ``(1) by a term of 
imprisonment of not less than three years and not more than life 
imprisonment and (2) at least three times any special term authorized by 
section 841(b) of this title for a second or subsequent offense 
involving the same controlled substance and schedule.''
    Subsec. (c). Pub. L. 99-570, Sec. 1866(c), substituted reference to 
chapter 311 of title 18 for reference to section 4202 of that title.


                    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 sections 841, 859 of this title; 
title 18 section 3592; title 42 section 14051.
