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. § 862

Denial of Federal benefits to drug traffickers and possessors

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(a) Drug traffickers(1) Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances shall—(A) at the discretion of the court, upon the first conviction for such an offense be ineligible for any or all Federal benefits for up to 5 years after such conviction;(B) at the discretion of the court, upon a second conviction for such an offense be ineligible for any or all Federal benefits for up to 10 years after such conviction; and(C) upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits.(2) The benefits which are denied under this subsection shall not include benefits relating to long-term drug treatment programs for addiction for any person who, if there is a reasonable body of evidence to substantiate such declaration, declares himself to be an addict and submits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services.(b) Drug possessors(1) Any individual who is convicted of any Federal or State offense involving the possession of a controlled substance (as such term is defined for purposes of this subchapter) shall—(A) upon the first conviction for such an offense and at the discretion of the court—(i) be ineligible for any or all Federal benefits for up to one year;(ii) be required to successfully complete an approved drug treatment program which includes periodic testing to insure that the individual remains drug free;(iii) be required to perform appropriate community service; or(iv) any combination of clause (i), (ii), or (iii); and(B) upon a second or subsequent conviction for such an offense be ineligible for all Federal benefits for up to 5 years after such conviction as determined by the court. The court shall continue to have the discretion in subparagraph (A) above. In imposing penalties and conditions under subparagraph (A), the court may require that the completion of the conditions imposed by clause (ii) or (iii) be a requirement for the reinstatement of benefits under clause (i).(2) The penalties and conditions which may be imposed under this subsection shall be waived in the case of a person who, if there is a reasonable body of evidence to substantiate such declaration, declares himself to be an addict and submits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services.(c) Suspension of period of ineligibilityThe period of ineligibility referred to in subsections (a) and (b) shall be suspended if the individual—(A) completes a supervised drug rehabilitation program after becoming ineligible under this section;(B) has otherwise been rehabilitated; or(C) has made a good faith effort to gain admission to a supervised drug rehabilitation program, but is unable to do so because of inaccessibility or unavailability of such a program, or the inability of the individual to pay for such a program.(d) DefinitionsAs used in this section—(1) the term “Federal benefit”—(A) means the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and(B) does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility; and(2) the term “veterans benefit” means all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.(e) Inapplicability of this section to Government witnesses

The penalties provided by this section shall not apply to any individual who cooperates or testifies with the Government in the prosecution of a Federal or State offense or who is in a Government witness protection program.

(f) Indian provision

Nothing in this section shall be construed to affect the obligation of the United States to any Indian or Indian tribe arising out of any treaty, statute, Executive order, or the trust responsibility of the United States owing to such Indian or Indian tribe. Nothing in this subsection shall exempt any individual Indian from the sanctions provided for in this section, provided that no individual Indian shall be denied any benefit under Federal Indian programs comparable to those described in subsection (d)(1)(B) or (d)(2).

(g) Presidential report(1) On or before May 1, 1989, the President shall transmit to the Congress a report—(A) delineating the role of State courts in implementing this section;(B) describing the manner in which Federal agencies will implement and enforce the requirements of this section;(C) detailing the means by which Federal and State agencies, courts, and law enforcement agencies will exchange and share the data and information necessary to implement and enforce the withholding of Federal benefits; and(D) recommending any modifications to improve the administration of this section or otherwise achieve the goal of discouraging the trafficking and possession of controlled substances.(2) No later than September 1, 1989, the Congress shall consider the report of the President and enact such changes as it deems appropriate to further the goals of this section.(h) Effective date

The denial of Federal benefits set forth in this section shall take effect for convictions occurring after September 1, 1989.

(Pub. L. 91–513, title II, § 421, formerly Pub. L. 100–690, title V, § 5301, Nov. 18, 1988, 102 Stat. 4310; renumbered § 421 of Pub. L. 91–513 and amended Pub. L. 101–647, title X, § 1002(d), Nov. 29, 1990, 104 Stat. 4827.)Editorial NotesCodification

Section was classified to section 853a of this title prior to renumbering by Pub. L. 101–647.

Amendments

1990—Pub. L. 101–647, § 1002(d)(1), renumbered section 853a of this title as this section.

Subsec. (a)(1). Pub. L. 101–647, § 1002(d)(2), struck out “(as such terms are defined for purposes of the Controlled Substances Act)” after “controlled substances” in introductory provisions.

Notes of Decisions
Cited in 52 cases (6 in the last 5 years), 1994–2026 · leading case: United States v. Jeffrey Littlejohn, 224 F.3d 960 (9th Cir. 2000).
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United States v. Jeffrey Littlejohn, 224 F.3d 960 (9th Cir. 2000). · cites it 11× “6, the court “may deny eligibility for certain Federal benefits of any individual convicted of distribution or possession of a controlled substance,” and that, “[p]ursuant to 21 U.S.C. § 862 (a)(1)(C), upon a third or subsequent conviction for distribution of a controlled…”
United States v. Williams, 541 F.3d 1087 (11th Cir. 2008). · cites it 8× “The district court sentenced Defendant to 220 months’ imprisonment and declared Defendant ineligible for federal benefits for life pursuant to 21 U.S.C. § 862 (a). II. Discussion A. The Flight Instruction As part of its charge to the jury, the district court, over Defendant’s…”
State v. Blake, 481 P.3d 521 (Wash. 2021). “§ 1091 (r) (temporary ineligibility for student financial benefits); 21 U.S.C. § 862 (ineligibility for “the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United…”
Kazadi v. People, 291 P.3d 16 (Colo. 2012). “60 (2012)); and the loss of eligibility for federal benefits if convicted of any federal or state drug offense ( 21 U.S.C. § 862 (2012)). See Jennifer L. Bahnson & Robert J.”
United States v. Busekros, 264 F.3d 1158 (10th Cir. 2001). · cites it 6× “Busekros’s appeal insofar as it challenges the district court’s refusal to depart downward, and we vacate the district court’s denial of federal benefits pursuant to 21 U.S.C. § 862 (a). I. BACKGROUND Mr. Busekros pleaded guilty to one count of using a telephone to facilitate…”
United States v. Mundy, 621 F.3d 283 (3rd Cir. 2010). · cites it 2× “In support of his contention, Mundy notes that Congress, for the purposes of 21 U.S.C. § 862 , defines “drug traffick[ing]” to require actual distribution.”
Y-l, 23 I. & N. Dec. 270 (BIA 2002). “§ 3592 (c)(12) (conviction for serious federal drug offenses constitutes aggravating factor for purposes of weighing imposition of federal death penalty); 21 U.S.C. § 862 (convicted drug traffickers subject to order of ineligibility for federal benefits).”
United States v. Jorge Silva-De Hoyos, 702 F.3d 843 (5th Cir. 2012). · cites it 2× “10 Ill Silva asserts that the district court was not authorized to impose a five-year period of ineligibility for federal benefits because neither of his offenses was a distribution offense within the meaning of 21 U.S.C. § 862 . We review the legality of a criminal sentence de…”
Ahmed Bakran v. Sec'y United States Depart, 894 F.3d 557 (3rd Cir. 2018). “§ 922 (g)(1) (restriction on possession of a firearm); 21 U.S.C. § 862 (providing that individuals convicted of drug offenses may be denied federal benefits including grants, contracts, loans, professional licenses, and commercial licenses); 28 U.”
Shelly Bryant v. Mark Cherna, 520 F. App'x 55 (3rd Cir. 2013). · cites it 3× “§ 1983 alleging violations of the Personal Responsibility and Work Opportunity Reconciliation Act, 21 U.S.C. § 862 (a), and equal protection.”
Foote v. United States, 670 A.2d 366 (D.C. 1996). · cites it 2× “19 Foote contends that, pursuant to 21 U.S.C. § 862 (b) and (d), the trial judge had the authority, as part of the sentence, to render Foote ineligible for one year for certain federal benefits specified in the statute, including “any [federal] grant, contract, loan,…”
United States v. Marino Amador-Leal, 276 F.3d 511 (9th Cir. 2002). “His conviction automatically rendered him ineligible for certain food stamp and social security benefits pursuant to 21 U.S.C. §§ 862 (a) and 862a, but the court did not say so during the Rule 11 colloquy.”
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