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16 Prosecutions
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16 Convictions
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CITE

    21 USC Sec. 856                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties

HEAD

    Sec. 856. Maintaining drug-involved premises

STATUTE

    (a) Unlawful acts
      Except 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) of this section shall be considered
    an offense against property for purposes of section
    3663A(c)(1)(A)(ii) of title 18.
    (d) Civil penalites
      (1) Any person who violates subsection (a) of this section 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) of this section shall be
    subject to declaratory and injunctive remedies as set forth in
    section 843(f) of this title.

SOURCE

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

AMENDMENTS

      2003 - Pub. L. 108-21, Sec. 608(b)(2), substituted "Maintaining
    drug-involved premises" for "Establishment of manufacturing
    operations" in section catchline.
      Subsec. (a)(1). Pub. L. 108-21, Sec. 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, Sec. 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, Sec. 608(c), added subsecs.
    (d) and (e).
      2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).
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