TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties
HEAD
Sec. 856. Maintaining drug-involved premises
STATUTE
(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) of this section shall be considered
an offense against property for purposes of section
3663A(c)(1)(A)(ii) of title 18.
(d) Civil penalites
(1) Any person who violates subsection (a) of this section 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) of this section shall be
subject to declaratory and injunctive remedies as set forth in
section 843(f) of this title.
SOURCE
(Pub. L. 91-513, title II, Sec. 416, as added Pub. L. 99-570, title
I, Sec. 1841(a), Oct. 27, 1986, 100 Stat. 3207-52; amended Pub. L.
106-310, div. B, title XXXVI, Sec. 3613(e), Oct. 17, 2000, 114
Stat. 1230; Pub. L. 108-21, title VI, Sec. 608(b)(1), (2), (c),
Apr. 30, 2003, 117 Stat. 691.)
AMENDMENTS
2003 - Pub. L. 108-21, Sec. 608(b)(2), substituted "Maintaining
drug-involved premises" for "Establishment of manufacturing
operations" in section catchline.
Subsec. (a)(1). Pub. L. 108-21, Sec. 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, Sec. 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, Sec. 608(c), added subsecs.
(d) and (e).
2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).
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