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Regulations
& Codified CSA > USC > Subchapter
I, Part D > Section 860
Section 860. Distribution or Manufacturing in or Near Schools and
Colleges
Penalty
(a) Any person who violates section 841(a)(1) 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
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.
Second offenders
(b) Any person who violates section 841(a)(1) 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
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<FN1> Penalties for third and
subsequent convictions shall be governed by section 841(b)(1)(A) of this title.
Suspension of sentence; probation; parole
(c) 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.
Definitions
(d) 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, Section 419, formerly Section 405A as added Pub.L. 98-473, Title II,
Section 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended Pub.L. 99-570, Title I, Sections
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, Section 28, Nov. 10, 1986, 100 Stat. 3598; Pub.L. 100-690,
Title VI, Sections 6452(b)(1), 6457, 6458, Nov. 18, 1988, 102 Stat. 4371, 4373; renumbered and
amended Pub.L. 101-647, Title X, Sections 1002(b), 1003(b), Title XII, Section 1214, Title XV,
Section 1502, Title XXXV, Section 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4833, 4836.)
<FN1> So in original. Probably should end with a period.
EDITORIAL NOTES
Codification. Section was formerly classified to section 845a of this title.
Section 1003(b)(1) of Pub.L. 101-647 in amending subsec. (a) struck out "or a fine" as part of
such amendment. Subsec. (a) contained "or fine" which language was struck out as the probable
intent of Congress.
Pub.L. 101-647, Section 1214(1), directed that section 405A(a) of the Controlled Substances Act
(21 U.S.C. 845a(a)) as redesignated by this Act, be amended. Section 405A was redesignated
section 419 and classified to this section for codification purposes. The amendment was
executed to this section as the probable intent of Congress.
Amendment by Pub.L. 101-647, Section 1214(1)(A), to subsec. (a)(1), directed that ", or a fine,
or both," be struck out. The amendment executed as part of amendment by section 1003(b)(1) of
Pub.L. 101-647, was executed as striking out ", or fine, or both" as the probable intent of
Congress. See note above.
Pub.L. 101-647, Section 1214(2), directed that section 405A(b) of the Controlled Substances Act
(21 U.S.C. 845a(b)), as redesignated by this Act, be amended. Section 405A was redesignated
section 419 and classified to this section for codification purposes. The amendment was
executed to this section as the probable intent of Congress.
Section 1214(2)(A) of Pub.L. 101-647, which struck out ", or a fine up to three times that
authorized by section 841(b) of this title for a first offense, or both" was incapable of execution
in view of prior amendment to subsec. (b)(1)(B) by section 1003(b)(2) of Pub.L. 101-647 which
totally amended subsec. (b)(1)(B) of this section.
Amendments to subsec. (b) of this section by Pub.L. 99-570, Section 1866(b), which struck out
"special term" and inserted in lieu thereof "term of supervised release", and by Pub.L. 99-646,
Section 28, which inserted "parole" after "(2) at least three times any special" were incapable of
execution to the text. Amendment by Pub.L. 99-570, Section 1004, is also incapable of
execution to the text.
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.
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