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2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 856 Maintaining drug-involved premises us united_states_code code_section 21 FOOD AND DRUGS 13 DRUG ABUSE PREVENTION AND CONTROL 856 21 U.S.C. § 856 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s856 data/legal/raw/us/code/title-21/usc21.xml 61fbefc47b52f880db4f8f04072b33298a6c99430b1881ff42c8c2971aaa0071 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 b6013e90e1739b8ae8ff5391c3aaee9e0d2e43ae17a93e103b4b57faaaacef42 2026-07-04 official
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21 U.S.C. § 856 - Maintaining drug-involved premises

Text

(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. 91513, title II, § 416, as added Pub. L. 99570, title I, § 1841(a), Oct. 27, 1986, 100 Stat. 320752; amended Pub. L. 106310, div. B, title XXXVI, § 3613(e), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 10821, title VI, § 608(b)(1), (2), (c), Apr. 30, 2003, 117 Stat. 691.)

Notes

Editorial Notes

Amendments2003—Pub. L. 10821, § 608(b)(2), substituted “Maintaining drug-involved premises” for “Establishment of manufacturing operations” in section catchline. Subsec. (a)(1). Pub. L. 10821, § 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. 10821, § 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. 10821, § 608(c), added subsecs. (d) and (e). 2000—Subsec. (c). Pub. L. 106310 added subsec. (c).