21 U.S.C. § 861
Employment or use of persons under 18 years of age in drug operations
United States · Title 21 — FOOD AND DRUGS · Status: effective
Cite this
- Citation
- 21 U.S.C. § 861, Employment or use of persons under 18 years of age in drug operations, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454656
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Full text
It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally—
Any person who violates subsection (a) is subject to twice the maximum punishment otherwise authorized 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.
Any person who violates subsection (a) after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized 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.
Any person who violates subsection (a)(1) or (2) 11 So in original. Probably should be followed by a dash.
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 22 See References in Text note below. until the individual has served the mandatory term of imprisonment as enhanced by this section.
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).
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.
- Anti-Drug Abuse Act of 1986House: no recorded tallySenate: no recorded tally
- Anti-Drug Abuse Act of 1988House: no recorded tallySenate: no recorded tally
- Crime Control Act of 1990House: 313–1Senate: no recorded tally