21 U.S.C. § 861 — Employment or use of persons under 18 years of age in drug operations

submitted 40 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 498 words · no verdicts yet

in plain englishAI-generated · not legal advice

Adults may not recruit or hire a minor to break drug laws. They also may not use a minor to help evade police, or accept drugs from a minor. First offenses double normal penalties; repeat offenses triple them. Giving drugs to a minor or pregnant person brings extra prison time and fines.

(a) It is illegal for an adult, age 18 or older, to knowingly and intentionally do three things involving a minor. First, employ, hire, persuade, or coerce someone under 18 to break the drug laws in this subchapter or subchapter II. Second, use a minor to help the adult avoid detection or arrest for a drug offense. Third, receive a controlled substance from a minor, unless that minor is an immediate family member. (b) A first violation of subsection (a) doubles the usual maximum punishment and doubles the usual supervised release term. Unless the law otherwise requires a longer minimum, the prison term must be at least one year. (c) A later violation, after a prior conviction under this section, triples the usual maximum punishment and supervised release term. The minimum prison term is still at least one year. A third or later conviction follows the penalties in section 841(b)(1)(A) instead. (d) Extra penalties apply for knowingly giving a controlled substance to someone under 18, or for using a child age 14 or younger. These add up to five more years in prison, a fine up to $50,000, or both, on top of other punishment. (e) Courts cannot suspend a sentence under this section or grant probation. Someone with a mandatory minimum sentence cannot get parole under section 4202 of title 18 until they serve that full minimum term. (f) It is also illegal to knowingly or intentionally give a controlled substance to a pregnant individual, in violation of this subchapter. That violation is punished under the same rules in subsections (b), (c), and (e).

facts

- Codified at 21 U.S.C. § 861, titled "Employment or use of persons under 18 years of age in drug operations," within the Controlled Substances Act framework. - Originally enacted as Pub. L. 91–513, title II, § 420 (formerly § 405B), added by Pub. L. 99–570, title I, § 1102, on October 27, 1986 (100 Stat. 3207-10). - Amended four times: by Pub. L. 100–690 (1988) in three places, and renumbered/amended by Pub. L. 101–647 (1990) in three additional places. - The provision spans six subsections (a)–(f), totaling 498 words, covering unlawful acts, penalties for first/subsequent offenses, penalties for distribution to minors, sentencing restrictions, and distribution to pregnant individuals.

the actual law source: uscode.house.gov ↗public domain

(a) Unlawful acts

It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally—

(1)

employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this subchapter or subchapter II;

(2)

employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detection or apprehension for any offense of this subchapter or subchapter II by any Federal, State, or local law enforcement official; or

(3)

receive a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this subchapter or subchapter II.

(b) Penalty for first offense

Any person who violates subsection (a) is subject to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year.

Any person who violates subsection (a) after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.

(d) Penalty for providing or distributing controlled substance to underage person

Any person who violates subsection (a)(1) or (2) 1

(1)

by knowingly providing or distributing a controlled substance or a controlled substance analogue to any person under eighteen years of age; or

(2)

if the person employed, hired, or used is fourteen years of age or younger,

shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section.

(e) Suspension of sentence; probation; parole

In any case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under section 4202 of title 182 until the individual has served the mandatory term of imprisonment as enhanced by this section.

(f) Distribution of controlled substance to pregnant individual

Except as authorized by this subchapter, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this subchapter. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e).

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; amended Pub. L. 100–690, title VI, §§ 6452(b)(1), 6459, 6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered § 420 and amended Pub. L. 101–647, title X, §§ 1002(c), 1003(c), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 91-513 · 100 Stat. 3207
1988Amended · Pub. L. 100-690 · 102 Stat. 4371, 4373, 4378
1990Amended · Pub. L. 101-647 · 104 Stat. 4827, 4829, 4932

The source credit identifies this section as originating from Public Law 91–513, title II, though the specific provision was added later by Public Law 99–570, title I, § 1102, enacted October 27, 1986, as new section 405B of the Controlled Substances Act. The source credit further records that the section was amended by Public Law 100–690, title VI, in 1988, and was subsequently renumbered as § 420 and further amended by Public Law 101–647, title X and title XXXV, in 1990. The record thus reflects an original 1986 enactment followed by two rounds of amendment within the following four years. Public Law 99–570 is commonly known as the Anti-Drug Abuse Act of 1986, a major piece of federal drug-control legislation enacted during a period of heightened public and congressional concern about narcotics trafficking, particularly the crack cocaine crisis of the mid-1980s. The Act is generally understood to have significantly expanded federal criminal penalties and created new offenses aimed at drug distribution networks. Provisions addressing the recruitment or use of minors in drug trafficking are commonly associated with legislative efforts of this era to specifically target the exploitation of juveniles by drug organizations, reflecting broader anti-drug enforcement priorities. Beyond this general historical context, the record does not establish the specific legislative rationale, deliberations, or intent behind this particular provision's text or its subsequent 1988 and 1990 amendments. Details regarding the specific problems those amendments addressed are not reflected in the source credit.

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