Title 34 — Crime Control and Law Enforcement
Chapter 121 — Violent Crime Control and Law Enforcement
§ 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
Statutory text
Declaration of policy
It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
Sentencing guidelines
Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—
under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
No probation
Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
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.
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title IX § 90103 · 108 Stat. 1796
Enacted · 34 U.S.C. § 12522
(Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)
Source evidence
Code source credit
(Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)Enacted provision · exact public law section
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS. (a) Declaration of Policy.— It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law. (b) Sentencing Guidelines.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense— (1) under section 404 of the Controlled Substances Act involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or (2) under section 401(b) of the Controlled Substances Act involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility. (c) No Probation.— Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 14052 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Section is comprised of section 90103 of Pub. L. 103–322. Subsec. (b) of section 90103 of Pub. L. 103–322 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.