21 USC, Section 861

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Regulations & Codified CSA > USC > Subchapter I, Part D > Section 861

Title 21 United States Code (USC)
Controlled Substances Act

Section 861. Employment of Persons Under 18 Years of Age

Unlawfulness

(a) 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.

Penalties

(b) Any person who violates subsection (a) of this section is subject to twice the maximum punishment otherwise authorized, or up to twice the fine otherwise authorized, or both, 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.

Penalty for second offenses

(c) 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, or both, 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.

Penalty for providing or distributing controlled substance to underage person

(d) Any person who violates subsection (a)(1) or (2) of this section

(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.

Suspension of sentence; probation; parole

(e) 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 until the individual has served the mandatory term of imprisonment as enhanced by this section.

Distribution of controlled substance to pregnant individual

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

References in Text. "This subchapter", referred to in subsecs. (a) and (f), was in the original "this title" which is Title II of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the "Controlled Substances Act". For complete classification of Title II to the Code, see Short Title note set out under section 801 of this title and Tables.

"Subchapter II of this chapter", referred to in subsec. (a), was in the original "title III", meaning Title III of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of Title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of Title III, see Tables.

Codification. Section was formerly classified to section 845b of this title.

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Title 21 United States Code (USC) Controlled Substances Act

Section 861. Employment of Persons Under 18 Years of Age

Title 21 United States Code (USC)
Controlled Substances Act