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Regulations
& Codified CSA > USC > Subchapter
I, Part D > Section 859
Section 859. Distribution to Persons under Age Twenty-one
First offense
(a) 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.
Second offense
(b) 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 not be 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, Section 418, formerly Section 405, Oct. 27, 1970, 84 Stat. 1265; Pub.L.
98-473, Title II, Sections 224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub.L. 98-473,
Section 224(b), as amended Pub.L. 99-570, Title I, Section 1005(b)(1), Oct. 27, 1986, 100 Stat.
3207-6; Pub.L. 99-570, Title I, Sections 1004(a), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207-6,
3207-11; Pub.L. 100-690, Title VI, Sections 6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat.
4371, 4372; renumbered and amended by Pub.L. 101-647, Title X, Section 1002(a), 1003(a),
Title XXXV, Section 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4829, 4932.)
EDITORIAL NOTES
Codification. Section was formerly classified to section 845 of this title.
Repeals. Section 224(b) of Pub.L. 98-473, cited to credit, was repealed by section 1005(b)(1) of
Pub.L. 99-570. Such provisions of section 224(b) of Pub.L. 98-473, which were to take effect
Nov. 1, 1987, as a result of repeal were never executed to text of section.
Effective Date of 1986 Amendment. Amendment by section 1004(a) of Pub.L. 99-570 to take
effect on the date of the taking of 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.
Effective Date and Savings Provisions of 1984 Amendment. Amendment by Pub.L. 98-473,
Section 224(b), effective on the first day of first calendar month beginning thirty six months after
Oct. 12, 1984, applicable only to offenses committed after taking effect of sections 211 to 239 of
Pub.L. 98-473, and except as otherwise provided for therein, see section 235 of Pub.L. 98-473, as
amended, set out as a note under section 3551 of Title 18, Crimes and Criminal Procedure.
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