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21 U.S.C. § 859

Distribution to persons under age twenty-one

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 859, Distribution to persons under age twenty-one, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454653
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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. 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 98-473(H.J.Res. 648)1984-10-12
    A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-570(H.R. 5484)1986-10-27
    Anti-Drug Abuse Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-690(H.R. 5210)1988-11-18
    Anti-Drug Abuse Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-647(S. 3266)1990-11-29
    Crime Control Act of 1990
    House: 313–1Senate: no recorded tally