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. § 859

Distribution to persons under age twenty-one

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(a) First offense

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)) 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.

(b) Second offense

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 be not 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, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§ 224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207–6, 3207–11; Pub. L. 100–690, title VI, §§ 6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered § 418 and amended Pub. L. 101–647, title X, §§ 1002(a), 1003(a), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)Editorial NotesCodification

Section was classified to section 845 of this title prior to renumbering by Pub. L. 101–647.

Amendments

1990—Subsec. (a). Pub. L. 101–647, § 1003(a)(1), substituted “subject to (1) twice the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 841(b) of this title”.

Pub. L. 101–647, § 1002(a)(2)(A), substituted “section 860” for “section 845a”.

Subsec. (b). Pub. L. 101–647, § 3599L, substituted “has become final” for “have become final”.

Pub. L. 101–647, § 1003(a)(2), substituted “subject to (1) three times the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 841(b) of this title”.

Pub. L. 101–647, § 1002(a)(2)(B), substituted “section 860” for “section 845a”.

1988—Subsec. (a). Pub. L. 100–690, § 6455, inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”

Subsec. (b). Pub. L. 100–690, § 6452(b), struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”, and inserted at end “Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.”

Pub. L. 100–690, § 6456, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

1986—Subsec. (a). Pub. L. 99–570, § 1105(a), inserted “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.”

Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.

Subsec. (b). Pub. L. 99–570, § 1105(b), inserted “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 paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.

1984—Subsecs. (a), (b). Pub. L. 98–473, § 503(b)(3), substituted “Except as provided in section 845a of this title, any” for “Any”.

Pub. L. 98–473, § 224(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99–570, § 1005(b)(1).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking 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

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.

Notes of Decisions
Cited in 77 cases (4 in the last 5 years), 1991–2026 · leading case: United States v. Damon Amedeo
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United States v. Damon Amedeo (2004) ca11 · cites it 7× “STAHL, Circuit Judge: Defendant-appellant Damon Amedeo appeals from his sentence following a guilty plea to one count of distribution of cocaine to a person under twenty-one years of age, in violation of 21 U.S.C. § 859 (a). We hold that the district court erred in upwardly…”
United States v. Damon Amedeo (2007) ca11 · cites it 3× “§ 922 (g)(3); distribution of cocaine to a minor, 21 U.S.C. § 859 ; cocaine distribution, 21 U.”
United States v. Cory Baker Kamerud, United States of America v. Brett Christian Kamerud (2003) ca8 · cites it 5× “The jury also found one of the objects of the conspiracy was to possess the methamphetamine with the intent to distribute it to one or more persons under twenty-one years of age in violation of 21 U.S.C. § 859 . The district court 1 sentenced each to 240 months imprisonment, to…”
United States v. Jessica Durham (2006) ca9 · cites it 4× “§ 841 (a)(1) and 21 U.S.C. § 859 (a), the Government was required to establish be *981 yond a reasonable doubt: that Ms.”
United States v. Mitchell Locklear, United States of America v. Lee Allen Lowry (1994) ca4 · cites it 5× “Locklear notes that he was never convicted of violating either that section, or section 859 or section 860.”
United States v. Daniel E. Pressler, United States of America v. Scott Shreffler (2001) ca3 · cites it 2× “§ 841 (a)(1), HEROIN, a Schedule I controlled substance while over the age of 18 years to individuals under the age of 21 years, in violation of 21 U.S.C. § 859 (a).” Although their co-defendants pled guilty, Pressler and Shreffler exercised their rights to a jury trial.”
United States v. Ronald Earl Clay (1997) ca6 · cites it 5× “Defendant argues that while that section applies to drug offenses involving juveniles, 2 it applies only to convictions under 21 U.S.C. §§ 859 , 860, *319 and 861. 3 He maintains that § 2D1.”
United States v. Charles Lynch (2018) ca9 · cites it 2× “Following Lynch’s conviction and after the failure of his new-trial motions, Lynch faced two possible mandatory- minimum sentences: a one-year mandatory minimum for distribution to persons under the age of 21, see 21 U.S.C. § 859 (a), and a five-year mandatory minimum for the…”
United States v. Saavedra (1998) ca11 · cites it 4× “2 is applicable only to violations of 21 U.S.C. §§ 859 , 860, and 861. We have recognized that under the doctrine of expressio unius est exclu-sio alterius, the express indication that an offense guideline section applies to several statutes of conviction “strongly suggests”…”
Lewis v. United States (1998) scotus · cites it 2× “, 21 U. S. C. §§ 859 (a)—(b) (person selling drugs to minors is subject to twice the maximum sentence as one who deals to adults, and repeat offenders who sell to children subject to three times the normal maximum); 18 U.”
United States v. Polizzi (2008) nyed · cites it 2× “§ 851 Proceedings to establish prior convictions; sentence enhancement provisions 1 year 21 U.S.C. § 859 (a) First offense; distribution to persons under the age of 21 years 1 year 21 U.”
United States v. Richard Lester Klecker (2003) ca4 “§ 846 (West 1999), and distribution of Foxy to a person under 21 years of age, see 21 U.S.C.A. § 859 (West 1999). Klecker moved to dismiss the indictment, asserting that the Analogue Act is unconstitutionally vague on its face and as applied to Foxy.”
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