34 U.S.C. § 12522 | Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

(a)

Declaration of policy

It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.

(b)

Sentencing guidelines

section 994 of title 28Pursuant to its authority under , the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—

(1)

section 844 of title 21 under involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or

(2)

section 841(b) of title 21 under involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.

(c)

No probation

Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.

Pub. L. 103–322, title IX, § 90103Sept. 13, 1994108 Stat. 1987(, , .)

Editorial Notes

Codification

section 14052 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

section 90103 of Pub. L. 103–322 section 90103 of Pub. L. 103–322 section 994 of Title 28Section is comprised of . Subsec. (b) of is also listed in a table relating to sentencing guidelines set out under , Judiciary and Judicial Procedure.