§ 861. Employment or use of persons under 18 years of age in drug operations

Footnotes

1. 1 So in original. Probably should be followed by a dash.
2. 2 See References in Text note below.

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

   Controlled Substances Act

   Pub. L. 91–513 title II § 420 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 861

   Pub. L. 91–513, title II, § 420, formerly § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 420, formerly § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10

   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. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6459 · 102 Stat. 4181

   Added · 21 U.S.C. § 861(a)(3)

   Pub. L. 100–690, § 6459, added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–690, § 6459, added par. (3).

   Enacted provision · exact public law section
   SEC. 6459. APPLICATION OF MANDATORY MINIMUM PENALTIES TO PURCHASE OF CONTROLLED SUBSTANCES FROM MINORS. Section 405b(a) of the Controlled Substances Act (21 U.S.C. 845b(a)) is amended by— (1) striking “or” after the semicolon in paragraph (1); (2) striking the period at the end of paragraph (2) and inserting “; or”; and (3) adding at the end thereof the following: “(3) receive a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this title or title III.”.

3. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6452(b)(1) · 102 Stat. 4181

   Struck and inserted · 21 U.S.C. § 861(c)

   Pub. L. 100–690, § 6452(b)(1), 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–690, § 6452(b)(1), 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
   (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).”.

4. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6470(d) · 102 Stat. 4181

   Struck · 21 U.S.C. § 861(e)

   Pub. L. 100–690, § 6470(d), struck out “required by section 841(b) of this title” after “mandatory term of imprisonment”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–690, § 6470(d), struck out “required by section 841(b) of this title” after “mandatory term of imprisonment”.

   Enacted provision · exact public law section
   (d) Correction of Reference Relating to Mandatory Prison Terms for Juvenile Drug Trafficking.— Section 405B(e) of the Controlled Substances Act (21 U.S.C. 845b(e)) is amended by striking “required by section 401(b)”.

5. 1990

   Crime Control Act of 1990

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

   Substituted · 21 U.S.C. § 861(b)

   Pub. L. 101–647, § 1003(c)(1), which directed the substitution of “is subject to twice the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to twice that authorized, or up to twice the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both,” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–647, § 1003(c)(1), which directed the substitution of “is subject to twice the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to twice that authorized, or up to twice the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both,” to reflect the probable intent of Congress.

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

6. 1990

   Crime Control Act of 1990

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

   Substituted · 21 U.S.C. § 861(c)

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

   Source evidence

   Code amendment note
   Subsec. (c). 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”.

7. 1990

   Crime Control Act of 1990

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

   Substituted · 21 U.S.C. § 861(c)

   Pub. L. 101–647, § 1003(c)(2), which directed the substitution of “is subject to three times the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to three times that authorized, or up to three times the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both,” to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–647, § 1003(c)(2), which directed the substitution of “is subject to three times the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to three times that authorized, or up to three times the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both,” to reflect the probable intent of Congress.

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

7 of 7 references resolved to an enrolled provision