Advertisements Unlawful for any person to place an advertisement in any newspaper, magazine, handbill or other publications seeking or offering to illegally receive, buy, or distribute any Schedule I controlled substance.
Penalty: First offense: up to 4 years imprisonment and/or $250,000 fine.
Second offense or after a conviction for any state or federal drug law: 8 years/$500,000.
NOTE: GHB and MDMA are currently classified as Schedule I controlled substances.
21 USC 843(c)
Denial of assistance and benefits for certain drug-related convictions An individual convicted under Federal or State law of any felony offense which has an element the possession, use, or distribution of a controlled substance shall not be eligible for assistance under any State program funded under part A of title IV of the Social Security Act or benefits under the food stamp program, or any State program carried out under the Food Stamp Act of 1977.
The amount of these types of assistance otherwise required to be provided to the family members of an individual convicted under Federal or State law of any felony offense which has an element the possession, use, or distribution of a controlled substance shall be reduced by the amount which would have been otherwise been made available to that individual.
21 USC 862a
Denial of Federal benefits to drug traffickers and possessors Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances, at the discretion of the court, may be ineligible for any and all Federal benefits for up to 5 years upon their first conviction. Upon their second conviction, the court may deny any and all Federal benefits for up to 10 years. Upon their third or subsequent conviction, the court may deny any and all Federal benefits permanently.
Any individual who is convicted of any Federal or State offense involving the possession of controlled substances, at the discretion of the court, may be ineligible for any and all Federal benefits for up to 1 year. Upon their second conviction, the court may deny any and all Federal benefits for up to 5 years.
21 USC 862
Distribution of a controlled substance to a pregnant individual Unlawful for anyone to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual.
Penalty: 1st offense: twice the authorized penalties; no probation or parole.
2nd offense: three times the authorized penalties; no probation or parole.
21 USC 861(f)
Distribution of a controlled substance with intent to commit a crime of violence (including rape) Whoever, with intent to commit a crime of violence, as defined in section 16 of Title 18 (including rape), against an individual by distributing a controlled substance or controlled substance analogue to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined up to $250,000.
If a mandatory minimum sentence is imposed for a violation of this law, the sentence shall not be suspended, nor shall the individual be eligible for probation. Also, the individual shall not be eligible for parole until he/she has served the mandatory minimum term of imprisonment imposed.
21 USC 841(b)(7)
Distribution or manufacturing in or near schools or colleges Any person who distributes, possesses with intent to distribute, or manufactures a controlled substance in or on, or within 1,000 feet of the real property comprising a public or private elementary school, vocational, or secondary school or a public or private college, junior colleges, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility is subject to twice the maximum terms of incarceration, fine and at least twice the term of supervised release authorized by Title 21, United States Code, section 841(b),(the drug trafficking penalties). Absent those penalties, a person convicted of this offense would face a minimum of 1 year in prison (doesn't apply to offenses involving 5 grams or less of marijuana).
Second offenders of this statute are subject to three times the penalties authorized by Title 21, United States Code, section 841(b),(the drug trafficking penalties). Absent those penalties, a person convicted of this offense would face a minimum of 3 years to life in prison.
If any mandatory minimum sentence is imposed under this section, the sentence shall not be suspended, nor shall the individual be eligible for probation. Also, an individual convicted under this section shall not be eligible for parole until he/she has served the mandatory minimum term of imprisonment imposed.
21 USC 860(a)&(b)
Distribution to persons under age twenty-one Any person at least 18 years of age who distributes a controlled substance to a person under the age of 21 is subject to twice the maximum punishments authorized by Title 21, United States Code, Section 841(b), (the drug trafficking penalties). The term of imprisonment must be at least one year and the mandatory minimum sentencing provisions do not apply to offenses involving 5 grams or less of marijuana.
Any person who violates this law a second time is subject to three times the maximum punishments authorized by Title 21, United States Code, Section 841(b), (the drug trafficking penalties). The term of imprisonment must be at least one year.
21 USC 859
Drug Paraphernalia Unlawful to sell or offer sale of drug paraphernalia; use the mail or any other facility of interstate commerce to transport drug paraphernalia; or, import or export drug paraphernalia.
Penalty: up to three years imprisonment; fine up to $250,000.
21 USC 863
Employing children to distribute drugs near schools or playgrounds Any person at least 21 years of age who knowingly and intentionally employs, hires uses, persuades, induces, entices, or coerces a person under the age of 18 to distribute, possess with intent to distribute, or manufacture a controlled substance in or on, or within 1,000 feet of the real property comprising a public or private elementary school, vocational, or secondary school or a public or private college, junior colleges, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility; or, Any person at least 21 years of age who knowingly and intentionally employs, hires uses, persuades, induces, entices, or coerces a person under the age of 18 to assist in avoiding detention or apprehension for any drug trafficking offense by any Federal, State, or local law enforcement official is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by Title 21, United States Code, Section 841(b), (the drug trafficking penalties).
If any mandatory minimum sentence is imposed under this section, the sentence shall not be suspended, nor shall the individual be eligible for probation. Also, an individual convicted under this section shall not be eligible for parole until he/she has served the mandatory minimum term of imprisonment imposed.
21 USC 860(c)
Employment or use of persons under 18 years of age in drug operations Any person at least 18 years of age who knowingly and intentionally employs, hires uses, persuades, induces, entices, or coerces a person under the age of 18 to distribute, possess with intent to distribute, or manufacture a controlled substance or who knowingly and intentionally employs, hires uses, persuades, induces, entices, or coerces a person under the age of 18 to assist in avoiding detention or apprehension for any drug trafficking offense by any Federal, State, or local law enforcement official is subject to twice the maximum terms of incarceration, fine and at least twice the term of supervised release authorized by Title 21, United States Code, section 841(b),(the drug trafficking penalties). Absent those penalties, a person convicted of this offense would face a minimum of 1 year in prison.
Second offenders of this statute are subject to three times the penalties authorized by Title 21, United States Code, section 841(b),(the drug trafficking penalties). Absent those penalties, a person convicted of this offense would face a minimum of 1 year in prison.
21 USC 861(a)-(c)
Endangering human life while illegally manufacturing a controlled substance Unlawful for whoever, while manufacturing or attempting to manufacture a controlled substance, or, transporting or causing to be transported materials, including chemicals to do so, creates a substantial risk of harm to human life.
Penalty: up to 10 years imprisonment and/or $250,000 fine.
21 USC 858
Establishment of manufacturing operations Unlawful for an individual to knowingly open or maintain any place for manufacturing, distributing, or using any controlled substance; or, to manage, control any building, room, or enclosure for the purpose of unlawfully manufacturing, distributing, or using any controlled substance.
Penalty: up to 20 years imprisonment and/or $500,000 fine.
21 USC 856
Internet sales of date rape drugs Unlawful for an individual to knowingly use the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that the drug would be used in the commission of criminal sexual conduct; or, the person is not an authorized purchaser. The term "date rape drug" is defined to include gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB; ketamine; flunitrazepam; or any substance which the Attorney General designates to be used in committing rape or sexual assault.
Penalty: Imprisonment up to 20 years and a fine under the applicable subchapter of 21 USC 841.
21 USC 841(g)
Investment of Ilicit Drug Profits It shall be unlawful for any person who has received any income derived, directly or indirectly, from a drug trafficking offense punishable by a term of imprisonment for more than one year, to invest, directly or indirectly, any part of such income, or the proceeds of such income.
Penalty: up to ten years imprisonment and/or a fine not to exceed $50,000.
21 USC 854
Methamphetamine manufacturing materials Unlawful for any person to possess any equipment, material, chemical or product to be used in the manufacture of methamphetamine.
Penalty: 1st offense: up to 10 years imprisonment and/or $250,000 fine.
2nd offense or after a conviction for any state or federal drug law: 20 years/$500,000
21 USC 843(d)(2)
Misprision of felony Whoever, having knowledge a felony has been committed, conceals and does not as soon as possible notify a judge or other person in civil or military authority the felony has been committed, shall be fined up to $250,000 or imprisoned not more than 3 years, or both.
18 USC 4
Providing or distributing a controlled substance to underage person Any person who knowingly provides or distributes a controlled substance or controlled substance analogue to any person under the age of 18, or employs, hires or uses an individual under the age of 14 to distribute a controlled substance or controlled substance analogue is subject to a term of imprisonment of not more than 5 years or a fine of not more than $50,000, or both.
21 USC 861(d)
Transportation safety offenses Unlawful for anyone to distribute or possess with intent to distribute a controlled substance within 1,000 feet of a rest area or truck stop.
Penalty: 1st offense: twice the authorized penalties; no probation or parole.
2nd offense: three times the authorized penalties; no probation or parole.
21 USC 849
Use of a communication facility Any person who knowingly or intentionally uses a communication facility in committing or in causing the commission of a drug trafficking offense shall be sentenced to a term of imprisonment of not more than 4 years, a fine of up to $250,000, or both. If a person commits a violation of this law after one or more prior convictions for this law, or for a violation of a law of the United States relating to narcotic drugs, marijuana, or depressant or stimulant substances, he/she shall be sentenced to a term of imprisonment of not more than 8 years, a fine of up to $250,000, or both.
Each separate use of a communication facility shall be a separate offense.
A communication facility includes mail, telephone, wire, radio and all other means of communication.
21 USC 843
Use of a firearm during a drug trafficking crime or crime of violence Any person who possesses a firearm in furtherance of a drug trafficking crime or a crime of violence shall be sentenced to a term of imprisonment of not less than 5 years; if the firearm is brandished, the term of imprisonment becomes not less than 7 years; if the firearm is discharged, the term of imprisonment becomes not less than 10 years. Second or subsequent convictions of this law result in a term of imprisonment of at least 25 years.
If the firearm possessed is a short-barreled shotgun or rifle, or a semiautomatic assault rifle, the term of imprisonment becomes not less than 10 years for the first conviction and not less than 25 years for second or subsequent convictions.
If the firearm possessed is a machine gun or a destructive device, or a firearm equipped with a silencer or muffler, the term of imprisonment becomes not less than 30 years for the first conviction and life imprisonment for second or subsequent convictions.
All sentences imposed for any violation of this statute are mandatory and shall run consecutive to any other sentence impose. Also, individuals convicted for violations of this statute are ineligible for probation.
18 USC 924(c)
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