§ 856. Maintaining drug-involved premises

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Comprehensive Drug Abuse Prevention and Control Act of 1970

   Pub. L. 91–513 title II § 416 · 84 Stat. 1236

   Enacted · 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

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 416, as added Pub. L. 99–570, title I, § 1841(a), Oct. 27, 1986, 100 Stat. 3207–52

2. 2000

   Methamphetamine Anti-Proliferation Act of 2000

   Pub. L. 106–310 div. B title XXXVI § 3613(e) · 114 Stat. 1101

   Added · 21 U.S.C. § 856(c)

   Pub. L. 106–310 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–310 added subsec. (c).

   Enacted provision · exact public law section
   (e) Treatment of Illicit Substance Manufacturing Operations as Crimes Against Property.— Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following new subsection: “(c) A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18, United States Code.”.

3. 2003

   Illicit Drug Anti-Proliferation Act of 2003

   Pub. L. 108–21 § 608(b)(2) · 117 Stat. 650

   Substituted · 21 U.S.C. § 856

   Pub. L. 108–21, § 608(b)(2), substituted “Maintaining drug-involved premises” for “Establishment of manufacturing operations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–21, § 608(b)(2), substituted “Maintaining drug-involved premises” for “Establishment of manufacturing operations” in section catchline.

   Enacted provision · exact public law section
   (2) Technical amendment.— The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows: “SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.” .

4. 2003

   Illicit Drug Anti-Proliferation Act of 2003

   Pub. L. 108–21 § 608(b)(1)(A) · 117 Stat. 650

   Substituted · 21 U.S.C. § 856(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “open or maintain any place” and inserting “open, lease, rent, use, or maintain any place, whether permanently or temporarily,”; and

5. 2003

   Illicit Drug Anti-Proliferation Act of 2003

   Pub. L. 108–21 § 608(b)(1)(B) · 117 Stat. 650

   1. Added · 21 U.S.C. § 856(a)(2)

      Pub. L. 108–21, § 608(b)(1)(B), added par. (2)

   2. Struck · 21 U.S.C. § 856(a)(2)

      Pub. L. 108–21, § 608(b)(1)(B), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (B) by striking paragraph (2) and inserting the following: “(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.” .

6. 2003

   Illicit Drug Anti-Proliferation Act of 2003

   Pub. L. 108–21 § 608(c) · 117 Stat. 650

   Added · 21 U.S.C. § 856(d); 21 U.S.C. § 856(e)

   Pub. L. 108–21, § 608(c), added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 108–21, § 608(c), added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (c) Civil Penalty and Equitable Relief for Maintaining Drug-Involved Premises.— Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following: “(d) (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) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).” .

6 of 7 references resolved to an enrolled provision · 1 partial