21 U.S.C. § 860

Editorial Notes

Codification

section 845a of this titlePub. L. 101–647Section was classified to prior to renumbering by .

Amendments

Pub. L. 103–322, § 3201071994—Subsec. (a). , substituted “playground, or housing facility owned by a public housing authority, or within” for “playground, or within”.

Pub. L. 103–322Subsec. (b). , §§ 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.

Pub. L. 103–322, § 140006Subsecs. (c) to (e). , added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Pub. L. 101–647, § 1502(1)1990—Subsec. (a). , inserted “or a playground,” after “university,” and struck out “playground,” after “within 100 feet of a”.

Pub. L. 101–647, § 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, § 1214(1)(B)section 841(b) of this title, inserted “A fine up to twice that authorized by may be imposed in addition to any term of imprisonment authorized by this subsection.”

Pub. L. 101–647, § 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, § 1003(b)(1)section 841(b) of this titlesection 841(b) of this titlesection 841(b) of this title, which directed the substitution of “subject to (1) twice the maximum punishment authorized by ” for “punishable (1) by a term of imprisonment, or a fine, or both, up to twice that authorized by ”, was executed by making the substitution for “punishable (1) by a term of imprisonment, or fine, or both, up to twice that authorized by ” to reflect the probable intent of Congress.

Pub. L. 101–647, § 3599LSubsec. (b). , substituted “has become final” for “have become final”.

Pub. L. 101–647, § 1502(2), inserted “or a playground,” after “university,” and struck out “playground,” after “within 100 feet of a”.

Pub. L. 101–647, § 1214(2)(B)section 841(b) of this titlesection 841(b) of this title, inserted after first sentence “A fine up to three times that authorized by 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 , a person shall be sentenced under this subsection to a term of imprisonment of not less than three years”.

Pub. L. 101–647, § 1214(2)(A)Pub. L. 101–647, § 1003(b)(2)Subsec. (b)(1)(B). , 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 . See below.

Pub. L. 101–647, § 1003(b)(2)section 841(b) of this titlesection 841(b) of this titlesection 841(b) of this title, substituted “three times the maximum punishment authorized by for a first offense” for “a term of imprisonment of up to three times that authorized by for a first offense, or a fine up to three times that authorized by for a first offense, or both”.

Pub. L. 101–647, § 1214(3)Subsec. (c). , inserted “mandatory minimum” after “In the case of any”, struck out “subsection (b)” after “imposed under”, struck out “of” before “this section” in a reference to “of this section” which was editorially added before “, imposition or”, 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”.

Pub. L. 100–6901988—Subsec. (a). , §§ 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”.

Pub. L. 100–690section 841(b)(1)(A) of this titleSubsec. (b). , §§ 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 .”

Pub. L. 100–690, § 6458(b)Subsec. (d). , added subsec. (d).

Pub. L. 99–570section 856 of this titlesection 841(b) of this title1986—Subsec. (a). , §§ 1104(a), (b), 1105(c), 1841(b)(1), inserted “or ” 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 , 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”.

Pub. L. 99–646Pub. L. 99–570, § 1104(c)Subsec. (b). which directed that “parole” be inserted after “(2) at least three times any special” could not be executed in view of prior amendment by below.

Pub. L. 99–570, § 1866(b)Pub. L. 99–570, § 1104(c), which directed that “term of supervised release” be substituted for “special term” could not be executed in view of prior amendment by below.

Pub. L. 99–570section 856 of this title, §§ 1104(a), 1841(b)(2), inserted reference to , 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, § 1104(c)section 841(b) of this title, 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 for a second or subsequent offense involving the same controlled substance and schedule.”

Pub. L. 99–570, § 1866(c)Subsec. (c). , substituted reference to chapter 311 of title 18 for reference to section 4202 of that title.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

section 1004(a) of Pub. L. 99–570section 3583 of Title 18Nov. 1, 1987section 1004(b) of Pub. L. 99–570section 841 of this titleAmendment by effective on date of taking effect of , Crimes and Criminal Procedure (), see set out as a note under .