
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC861]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 861. Employment or use of persons under 18 years of age in 
        drug operations
        

(a) Unlawful acts

    It shall be unlawful for any person at least eighteen years of age 
to knowingly and intentionally--
        (1) employ, hire, use, persuade, induce, entice, or coerce, a 
    person under eighteen years of age to violate any provision of this 
    subchapter or subchapter II of this chapter;
        (2) employ, hire, use, persuade, induce, entice, or coerce, a 
    person under eighteen years of age to assist in avoiding detection 
    or apprehension for any offense of this subchapter or subchapter II 
    of this chapter by any Federal, State, or local law enforcement 
    official; or
        (3) receive a controlled substance from a person under 18 years 
    of age, other than an immediate family member, in violation of this 
    subchapter or subchapter II of this chapter.

(b) Penalty for first offense

    Any person who violates subsection (a) of this section is subject to 
twice the maximum punishment otherwise authorized and at least twice any 
term of supervised release otherwise authorized for a first offense. 
Except to the extent a greater minimum sentence is otherwise provided, a 
term of imprisonment under this subsection shall not be less than one 
year.

(c) Penalty for subsequent offenses

    Any person who violates subsection (a) of this section after a prior 
conviction under subsection (a) of this section has become final, is 
subject to three times the maximum punishment otherwise authorized and 
at least three times any term of supervised release otherwise authorized 
for a first offense. Except to the extent a greater minimum sentence is 
otherwise provided, a term of imprisonment under this subsection shall 
not be less than one year. Penalties for third and subsequent 
convictions shall be governed by section 841(b)(1)(A) of this title.

(d) Penalty for providing or distributing controlled substance to 
        underage person

    Any person who violates subsection (a)(1) or (2) of this section \1\
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    \1\ So in original. Probably should be followed by a dash.
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        (1) by knowingly providing or distributing a controlled 
    substance or a controlled substance analogue to any person under 
    eighteen years of age; or
        (2) if the person employed, hired, or used is fourteen years of 
    age or younger,

shall be subject to a term of imprisonment for not more than five years 
or a fine of not more than $50,000, or both, in addition to any other 
punishment authorized by this section.

(e) Suspension of sentence; probation; parole

    In any case of any 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 of an offense 
for which a mandatory minimum term of imprisonment is applicable shall 
not be eligible for parole under section 4202 of title 18 \2\ until the 
individual has served the mandatory term of imprisonment as enhanced by 
this section.
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    \2\ See References in Text note below.
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(f) Distribution of controlled substance to pregnant individual

    Except as authorized by this subchapter, it shall be unlawful for 
any person to knowingly or intentionally provide or distribute any 
controlled substance to a pregnant individual in violation of any 
provision of this subchapter. Any person who violates this subsection 
shall be subject to the provisions of subsections (b), (c), and (e) of 
this section.

(Pub. L. 91-513, title II, Sec. 420, formerly Sec. 405B, as added Pub. 
L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10; amended 
Pub. L. 100-690, title VI, Secs. 6452(b)(1), 6459, 6470(d), Nov. 18, 
1988, 102 Stat. 4371, 4373, 4378; renumbered Sec. 420 and amended Pub. 
L. 101-647, title X, Secs. 1002(c), 1003(c), title XXXV, Sec. 3599L, 
Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)

                       References in Text

    Section 4202 of title 18, referred to in subsec. (e), which, as 
originally enacted in Title 18, Crimes and Criminal Procedure, related 
to eligibility of prisoners for parole, was repealed and a new section 
4202 enacted as part of the repeal and enactment of a new chapter 311 
(Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233, Sec. 2, Mar. 15, 
1976, 90 Stat. 219. For provisions relating to the eligibility of 
prisoners for parole, see section 4205 of Title 18. Pub. L. 98-473, 
title II, Secs. 218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 
2027, 2031, 2032, as amended, provided that, effective on the first day 
of the first calendar month beginning 36 months after Oct. 12, 1984 
(Nov. 1, 1987), chapter 311 of Title 18 is repealed, subject to 
remaining effective for five years after Nov. 1, 1987, in certain 
circumstances. See Effective Date note set out under section 3551 of 
Title 18.

                          Codification

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


                               Amendments

    1990--Subsec. (b). Pub. L. 101-647, Sec. 1003(c)(1), which directed 
the substitution of ``is subject to twice the maximum punishment 
otherwise authorized'' for ``is punishable by a term of imprisonment up 
to twice that authorized, or up to twice the fine authorized, or both,'' 
was executed by making the substitution for ``is punishable by a term of 
imprisonment up to twice that otherwise authorized, or up to twice the 
fine otherwise authorized, or both,'' to reflect the probable intent of 
Congress.
    Subsec. (c). Pub. L. 101-647, Sec. 3599L, substituted ``has become 
final'' for ``have become final''.
    Pub. L. 101-647, Sec. 1003(c)(2), which directed the substitution of 
``is subject to three times the maximum punishment otherwise 
authorized'' for ``is punishable by a term of imprisonment up to three 
times that authorized, or up to three times the fine authorized, or 
both,'' was executed by making the substitution for ``is punishable by a 
term of imprisonment up to three times that otherwise authorized, or up 
to three times the fine otherwise authorized, or both,'' to reflect the 
probable intent of Congress.
    1988--Subsec. (a)(3). Pub. L. 100-690, Sec. 6459, added par. (3).
    Subsec. (c). Pub. L. 100-690, Sec. 6452(b)(1), 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.''
    Subsec. (e). Pub. L. 100-690, Sec. 6470(d), struck out ``required by 
section 841(b) of this title'' after ``mandatory term of imprisonment''.

                  Section Referred to in Other Sections

    This section is referred to in section 841 of this title; title 18 
sections 3592, 3663.
