§ 859. Distribution to persons under age twenty-one

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. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 418 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 859

   Pub. L. 91–513, title II, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265

   Enacted provision · exact public law section
   Sec. 405. distribution to persons under age twenty-one (a) Any person at least eighteen years of age who violates section 401(a)(1) by distributing a controlled substance to a person under twenty-one years of age is (except as provided in subsection (b)) punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 401(b), and (2) at least twice any special parole, term authorized by section 401(b), for a first offense involving the same controlled substance and schedule. (b) Any person at least eighteen years of age who violates section 401(a)(1) by distributing a controlled substance to a person under twenty-one years of age after a prior conviction or convictions under subsection (a) of this section (or under section 303(b)(2) of the Federal Food, Drug, and Cosmetic Act as in effect prior to the effective 82 Stat. 1361. 21 USC 333. Post, p. 1231. date of section 701 (b) of this Act) have become final, is punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 401(b), and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and schedule.

2. 1984

   Pub. L. 98–473 § 503(b)(3) · 98 Stat. 1837

   Substituted · 21 U.S.C. § 859(a); 21 U.S.C. § 859(b)

   Pub. L. 98–473, § 503(b)(3), substituted “Except as provided in section 845a of this title, any” for “Any”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 98–473, § 503(b)(3), substituted “Except as provided in section 845a of this title, any” for “Any”.

   Enacted provision · exact public law section
   Sec. 503. None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country.

3. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 224(b) · 98 Stat. 1837

   Repealed · 21 U.S.C. § 859(a); 21 U.S.C. § 859(b)

   Pub. L. 98–473, § 224(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99–570, § 1005(b)(1)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 224(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99–570, § 1005(b)(1).

   Enacted provision · exact public law section
   (b) Section 405 (21 U.S.C. 845) is amended— (1) in subsection (a), by deleting “(1)” the second place, it appears, and by deleting “, and (2) at least twice any special parole term authorized by section 401(b), for a first offense involving the same controlled substance and schedule”; and (2) in subsection (b), by deleting “(1)” the second place it appears, and by deleting “, and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and schedule”.

4. 1986

   Juvenile Drug Trafficking Act of 1986

   Pub. L. 99–570 § 1105(a) · 100 Stat. 3207

   Inserted · 21 U.S.C. § 859(a)

   Pub. L. 99–570, § 1105(a), inserted “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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–570, § 1105(a), inserted “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.”

   Enacted provision · exact public law section
   (a) Section 405(a) of the Controlled Substances Act (21 U.S.C. 845(a)) is amended by adding the following at the end thereof: “Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year.”.

   Effective date note
   Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

5. 1986

   Narcotics Penalties and Enforcement Act of 1986

   Pub. L. 99–570 § 1004(a) · 100 Stat. 3207

   Substituted · 21 U.S.C. § 859(a)

   Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.

   Enacted provision · exact public law section
   (a) The Controlled Substances Act and the Controlled Substances 21 USC 801 note. Import and Export Act are amended by striking out “special parole 21 USC 951 note. term” each place it appears and inserting “term of supervised release” in lieu thereof.

   Effective date note
   Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

6. 1986

   Juvenile Drug Trafficking Act of 1986

   Pub. L. 99–570 § 1105(b) · 100 Stat. 3207

   Inserted · 21 U.S.C. § 859(b)

   Pub. L. 99–570, § 1105(b), inserted “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 paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–570, § 1105(b), inserted “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 paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

   Enacted provision · exact public law section
   (b) Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is amended by adding the following at the end thereof: “Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”.

   Effective date note
   Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

7. 1986

   Narcotics Penalties and Enforcement Act of 1986

   Pub. L. 99–570 § 1004(a) · 100 Stat. 3207

   Substituted · 21 U.S.C. § 859(b)

   Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.

   Enacted provision · exact public law section
   (a) The Controlled Substances Act and the Controlled Substances 21 USC 801 note. Import and Export Act are amended by striking out “special parole 21 USC 951 note. term” each place it appears and inserting “term of supervised release” in lieu thereof.

   Effective date note
   Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

8. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6455 · 102 Stat. 4181

   Inserted · 21 U.S.C. § 859(a)

   Pub. L. 100–690, § 6455, inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690, § 6455, inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”

   Enacted provision · exact public law section
   SEC. 6455. EXCEPTION TO MANDATORY MINIMUM PENALTY FOR FIRST OFFENSE. Section 405(a) of the Controlled Substances Act (21 U.S.C. 845(a)) is amended by inserting at the end the following: “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”.

9. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6452(b) · 102 Stat. 4181

   1. Struck · 21 U.S.C. § 859(b)

      Pub. L. 100–690, § 6452(b), struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”

   2. Inserted · 21 U.S.C. § 859(b)

      Pub. L. 100–690, § 6452(b), inserted at end “Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–690, § 6452(b), struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”, and inserted at end “Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.”

   Enacted provision · exact public law section
   (b) Conforming Amendments.— (1) Sections 405(b), 405A(b) and 405B(c) of the Controlled Substances Act (21 U.S.C. 845(b), 845a(b), and 845b(c)) are amended— (A) by striking “a prior conviction or convictions” and inserting “a prior conviction”, and (B) by inserting at the end thereof the following: “Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).”. (2) Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is amended by striking “or subsequent” from the caption.

10. 1988

    Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 § 6456 · 102 Stat. 4181

    Struck · 21 U.S.C. § 859(b)

    Pub. L. 100–690, § 6456, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–690, § 6456, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”

    Enacted provision · exact public law section
    SEC. 6456. ELIMINATION OF EXCEPTION TO MANDATORY MINIMUM FOR SECOND OFFENSES. Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is amended by striking “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”.

11. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1003(a)(1) · 104 Stat. 4789

    Substituted · 21 U.S.C. § 859(a)

    Pub. L. 101–647, § 1003(a)(1), substituted “subject to (1) twice the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 841(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–647, § 1003(a)(1), substituted “subject to (1) twice the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 841(b) of this title”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section 401(b)” and inserting “subject to (1) twice the maximum punishment authorized by section 401(b)”; and

12. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1002(a)(2)(A) · 104 Stat. 4789

    Substituted · 21 U.S.C. § 859(a)

    Pub. L. 101–647, § 1002(a)(2)(A), substituted “section 860” for “section 845a”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–647, § 1002(a)(2)(A), substituted “section 860” for “section 845a”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “section 405A” and inserting “section 419”; and

13. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 3599L · 104 Stat. 4789

    Substituted · 21 U.S.C. § 859(b)

    Pub. L. 101–647, § 3599L, substituted “has become final” for “have become final”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–647, § 3599L, substituted “has become final” for “have become final”.

    Enacted provision · exact public law section
    SEC. 3599L. SECTIONS 405, 405A. and 405B OF THE CONTROLLED SUBSTANCES ACT. Sections 405(b), 405A(b), and 405B(c) of the Controlled Substances Act (which are redesignated by this Act) (21 U.S.C. 845(b), 845a(b), Ante, p. 4827. and 845b(c)) are each amended by striking “have become final” and inserting “has become final”.

14. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1003(a)(2) · 104 Stat. 4789

    Substituted · 21 U.S.C. § 859(b)

    Pub. L. 101–647, § 1003(a)(2), substituted “subject to (1) three times the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 841(b) of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–647, § 1003(a)(2), substituted “subject to (1) three times the maximum punishment authorized by section 841(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 841(b) of this title”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section 401(b)” and inserting “subject to (1) three times the maximum punishment authorized by section 401(b)”.

15. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1002(a)(2)(B) · 104 Stat. 4789

    Substituted · 21 U.S.C. § 859(b)

    Pub. L. 101–647, § 1002(a)(2)(B), substituted “section 860” for “section 845a”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–647, § 1002(a)(2)(B), substituted “section 860” for “section 845a”.

    Enacted provision · exact public law section
    (B) in subsection (b) by striking “section 405A” and inserting “section 419”.

16 of 16 references resolved to an enrolled provision