21 U.S.C. § 856

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 856 - Maintaining drug-involved premises

(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) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18.

(d) Civil penalties

(1) Any person who violates subsection (a) 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) shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.

21 U.S.C. § 856

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

EDITORIAL NOTES

AMENDMENTS2003- Pub. L. 108-21, §608(b)(2), substituted "Maintaining drug-involved premises" for "Establishment of manufacturing operations" in section catchline. Subsec. (a)(1). Pub. L. 108-21, §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, §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, §608(c), added subsecs. (d) and (e).2000-Subsec. (c). Pub. L. 106-310 added subsec. (c).