§ 856. Maintaining drug-involved premises
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(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)shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18.
(d)Civil penalties
(1)Any person who violates subsection
(a)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)shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.
(Pub. L. 91–513, title II, § 416, as added Pub. L. 99–570, title I, § 1841(a), Oct. 27, 1986, 100 Stat. 3207–52; amended Pub. L. 106–310, div. B, title XXXVI, § 3613(e), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 108–21, title VI, § 608(b)(1), (2), (c), Apr. 30, 2003, 117 Stat. 691.)
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- Public Law 99–569To authorize appropriations for fiscal year 1987 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
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- Sec. 2No Federal funds for unlawful injection centers or purchase of drug paraphernalia
- Sec. 2Prohibition on certain Federal funds with respect to operating unlawful injection centers
- PreambleTo prohibit Federal funds for any State, local, Tribal, or private entity that operates or controls an injection cent...
- Sec. 2No Federal funds for entities operating unlawful injection centers
- PreambleTo prohibit Federal funds for any State, local, Tribal, or private entity that operates or controls an injection cent...
- Sec. 2No Federal funds for entities operating unlawful injection centers
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- Pub. L. 91–513, title II, § 416
- Pub. L. 99–570, title I, § 1841(a)
- 100 Stat. 3207–52
- Pub. L. 106–310, div. B, title XXXVI, § 3613(e)
- 114 Stat. 1230
- Pub. L. 108–21, title VI, § 608(b)(1)
- 117 Stat. 691
- Pub. L. 108–21, § 608(b)(2)
- Pub. L. 108–21, § 608(b)(1)(A)
- Pub. L. 108–21, § 608(b)(1)(B)
- Pub. L. 108–21, § 608(c)
- Pub. L. 106–310
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cites case law
§ 856
Maintaining drug-involved premises
Fed. Reg.×48
Bills×11
U.S.C.×8
Stat.×7
C.F.R.×2
Stat. Comp.×1
Pub. L.Pub. L. 91–513, title II, § 416
Pub. L.Pub. L. 99–570, title I, § 1841(a)
Stat.100 Stat. 3207–52
Pub. L.Pub. L. 106–310, div. B, title XXXVI, § 3613(e)
Stat.114 Stat. 1230
Cites 14 · showing 7Cited by 77 across 6 sources