U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part D— Offenses and Penalties

21 U.S.C. § 856

Maintaining drug-involved premises

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(a) Unlawful actsExcept as authorized by this subchapter, it shall be unlawful to—(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.(b) Criminal penalties

Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.

(c) Violation as offense against property

A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18.

(d) Civil penalties(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of—(A) $250,000; or(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.(e) Declaratory and injunctive remedies

Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.

(Pub. L. 91–513, title II, § 416, as added Pub. L. 99–570, title I, § 1841(a), Oct. 27, 1986, 100 Stat. 3207–52; amended Pub. L. 106–310, div. B, title XXXVI, § 3613(e), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 108–21, title VI, § 608(b)(1), (2), (c), Apr. 30, 2003, 117 Stat. 691.)Editorial NotesAmendments

2003—Pub. L. 108–21, § 608(b)(2), substituted “Maintaining drug-involved premises” for “Establishment of manufacturing operations” in section catchline.

Subsec. (a)(1). Pub. L. 108–21, § 608(b)(1)(A), substituted “open, lease, rent, use, or maintain any place, whether permanently or temporarily,” for “open or maintain any place”.

Subsec. (a)(2). Pub. L. 108–21, § 608(b)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.”

Subsecs. (d), (e). Pub. L. 108–21, § 608(c), added subsecs. (d) and (e).

2000—Subsec. (c). Pub. L. 106–310 added subsec. (c).

Notes of Decisions
Cited in 1,064 cases (124 in the last 5 years), 1988–2026 · leading case: United States v. Fred Snow, Marcus Snow, Rahad Ross, 462 F.3d 55 (2d Cir. 2006).
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United States v. Fred Snow, Marcus Snow, Rahad Ross, 462 F.3d 55 (2d Cir. 2006). · cites it 5× “C. INSUFFICIENT EVIDENCE: MAINTAINING DRUG PREMISES Lastly, Ross challenges his conviction for opening and maintaining the premises at 183 Sixth Street for the purpose of distributing and using cocaine base between September 1, 2001 and January 1, 2002 in violation of 21 U.”
United States v. Facen, 812 F.3d 280 (2d Cir. 2016). · cites it 8× “§§ 841 (a)(1) and 841(b)(1)(B); using and maintaining'a place to manufacture, distribute, or use a controlled substance in violation of 21 U.S.C. § 856 (a)(1); possessing a firearm in furtherance of drug trafficking crimes in violation of 18 U.”
United States v. Malik Nasir, 17 F.4th 459 (3rd Cir. 2021). · cites it 5× “Nasir was indicted for violating 21 U.S.C. § 856 (a)(1), part of what is commonly known as the crack house statute (Count One), and was also charged under 21 U.”
United States v. Malik Nasir, 982 F.3d 144 (3rd Cir. 2020). · cites it 5× “Nasir was indicted for violating 21 U.S.C. § 856 (a)(1), part of what is commonly known as the crack house statute (Count One), and was also charged under 21 U.”
United States v. Shelly Mashek, 406 F.3d 1012 (8th Cir. 2005). · cites it 5× “Shelly Mashek pled guilty to a one-count information charging her with knowingly making available her residence for the purpose of manufacturing methamphetamine in violation of 21 U.S.C. § 856 . She appeals the decision of the district court denying her a two-level reduction…”
United States v. Robert Schuh, Lisa Nolen, & Curtis Lane, 289 F.3d 968 (7th Cir. 2002). · cites it 3× “Its owner, Robert Schuh, pleaded guilty to maintaining a drug house, 21 U.S.C. § 856 (a)(1), and eight individuals who dealt drugs at Jocko’s pleaded guilty to various other drug offenses.”
United States v. Juan Flores-Olague, 717 F.3d 526 (7th Cir. 2013). · cites it 9× “21 U.S.C. § 856 .” U.S.S.G. § 2Dl.l(b)(12) (Supp.”
United States v. Shetler, 665 F.3d 1150 (9th Cir. 2011). · cites it 8× “OPINION REINHARDT, Circuit Judge: Scott Raymond Shetler (“Shetler”) appeals from his conviction for maintaining his residence “for the purpose of manufacturing, distributing, or using” methamphetamine in violation of 21 U.S.C. § 856 (a)(1). Shetler contends that the district…”
United States v. Safehouse, 985 F.3d 225 (3rd Cir. 2021). · cites it 11× “21 U.S.C. § 856 . And that is what Safehouse will do.”
Philander Salviejo-Fernandez, AKA Philander Salviejo v. Alberto R. Gonzales, Attorney Gen., 455 F.3d 1063 (9th Cir. 2006). · cites it 9× “At the second hearing, DHS asserted and the IJ agreed that Salviejo’s § 11366 conviction constituted an aggravated felony barring cancellation of removal.”
United States v. Russell, 595 F.3d 633 (6th Cir. 2010). · cites it 6× “On May 10, 2007, a grand jury returned an eight-count, second superseding indictment charging Russell with the crimes of maintaining a drug-involved premises, in violation of 21 U.S.C. § 856 (a)(1), for the Mayfield apartment (count 1) and the Na-gold house (count 6); possession…”
United States v. Gary Allen Lott, United States of Am. v. Johnny Marton Lott, AKA Johnny Martin Lott, 310 F.3d 1231 (10th Cir. 2002). · cites it 3× “Counts 6, 7, and 8 charged Gary Lott with maintaining a residence for the purpose of manufacturing methamphetamine in violation of 21 U.S.C. § 856 (a)(1). Count 10 charged him with possession of listed chemicals with intent to manufacture methamphetamine in violation of 21 U.”
Show all 1,064 citing cases →
— 21 U.S.C. § 856(a) — 1 case
Scott H Blumsack (Bankr. D. Mass. 2023).
— 21 U.S.C. § 856(b) — 1 case
Von Hofe v. United States, 492 F.3d 175 (2d Cir. 2007).
— 21 U.S.C. § 856(l)(a) — 1 case
United States v. William T. Scott Linda D. Scott Ralph Ben-Schoter, 159 F.3d 916 (5th Cir. 1998).
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