Drug Offenses Near Schools | 21 U.S.C. § 860

Drug Offenses Near Schools and Other Protected Areas - Title 21 U.S. Code § 860

At the federal level, being charged with manufacturing or distributing controlled substances, such as cocaine, heroin, or methamphetamine, comes with potentially stiff penalties on their own.

However, under 21 U.S. Code 860, if you're accused of doing so in protected zones, such as schools and colleges, you could face serious sentencing enhancements above the normally prescribed sentences.

Drug Offenses Near Schools - 21 U.S.C. § 860

21 U.S.C. 860 imposes federal sentencing enhancements for drug distribution and manufacturing near schools and colleges.

This section of the Controlled Substances Act outlines harsher penalties for drug-related offenses that occur in zones designated to protect schools, children, and young adults. These enhancements significantly increase the stakes compared to standard drug distribution charges.

21 U.S. Code 860, Distribution or manufacturing in or near schools and colleges says-

"(a) Penalty. Any person who violates section 841(a)(1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, 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 (1) twice the maximum punishment authorized by section 841(b) of this title; and (2) at least twice any term of supervised release authorized by section 841(b) of this title for a first offense.

A fine up to twice that authorized by section 841(b) of this title may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent that a greater minimum sentence is otherwise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana."

Specific "Protected Zones" Under Law

21 U.S.C. 860 creates "protected zones" where drug offenses trigger enhanced penalties. These zones include areas where society prioritizes public safety and the welfare of minors. Specifically, sentencing enhancements apply whenever drug-related activities occur within the following areas:

1,000 Feet of Schools: This includes public or private elementary, secondary, vocational, or higher education institutions, such as colleges, universities, and other educational institutions.
1,000 Feet of Public Housing Facilities: Any real property owned by a public housing authority falls within this category.
1,000 Feet of Playgrounds: Recreational spaces with at least three apparatuses meant for children, such as swings or slides, are also covered.
100 Feet of Youth Centers, Public Swimming Pools, or Video Arcades: These are facilities frequently used by individuals under the age of 18, including any attached parking lot areas.

Definitions of Key Terms

The term "playground" means any outdoor facility, including any related parking lot, intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swing sets, and teeterboards.
The term "youth center" means any recreational facility or gymnasium, including any related parking lot, intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
The term "video arcade facility" means any facility, legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, containing a minimum of ten pinball or video machines.

What Are the Enhanced Penalties?

21 U.S.C. 860 allows for significantly higher penalties if you're convicted of manufacturing or distributing drugs near schools, colleges, or other protected areas. The actual enhancements depend on the circumstances of the offense as follows.

For First-Time Offenders

A first-time violation of 21 U.S.C. 860 will result in the following if convicted:

Up to Twice the Maximum Prison Sentence: Whatever the standard maximum federal sentence is under 21 U.S. Code 841(b) (the primary statute for drug offenses), it is doubled when the offense falls within a protected zone.
Mandatory Minimum Sentence: The law establishes a minimum sentence requirement, mandating at least one year of incarceration, even if mitigating circumstances would typically permit probation or a reduced sentence.
Up to Twice the Fines: Similarly, maximum financial penalties double compared to those under the standard provisions of 21 U.S.C. 841(b).

Notably, the statute prohibits leniency measures, such as probation or parole, until the mandatory minimum sentence has been served. This reinforces the gravity Congress places on maintaining drug-free zones near schools and similar facilities.

Penalties for Subsequent Convictions

The stakes increase exponentially for offenders who have prior convictions under 21 U.S.C. 860. For a second or subsequent offense, penalties include:

Mandatory Enhanced Minimum Sentence of Three Years: The minimum period of incarceration is significantly increased to reflect the repeat nature of the offense.
Up to Life Imprisonment: Judges have the discretion to impose a sentence of life imprisonment depending on the severity of the offense and the offender's criminal history.
Triple the Fines and Supervision Periods: Financial penalties and mandatory supervision after release are also tripled, adding further layers of punishment.

Repeat offenders under this statute face some of the toughest penalties in federal drug law, designed to deter persistent violations near protected areas.

Penalties for Using Minors in the Drug Distribution Process

A unique and particularly severe provision of 21 U.S.C. 860 targets individuals over the age of 21 who not only make and/or distribute drugs near protected zones but also use minors in the process.

This includes any action involving hiring, persuading, or forcing someone under 18 to distribute drugs or assist in avoiding detection triggers.

If you're convicted of doing so, you could face sentences that include up to three times the prison time, fines, or supervised release length authorized under standard provisions for the same offense.

In the case of any mandatory minimum sentence imposed under this section, imposition or execution of such sentence will not be suspended, and probation will not be granted.

An individual convicted under this section will not be eligible for parole until the individual has served the mandatory minimum term of imprisonment as provided by this section.

What are Related Federal Laws?

21 U.S. Code Part D, Offenses and Penalties, has numerous related federal laws, including the following:

21 U.S.C. 841 - Prohibited acts A.
21 U.S.C. 842 - Prohibited acts B.
21 U.S.C. 843 - Prohibited acts C.
21 U.S.C. 844 - Penalties for simple possession.
21 U.S.C. 844a - Civil penalty for possession of small amounts of certain controlled substances.
21 U.S.C. 846 - Attempt and conspiracy.
21 U.S.C. 847 - Additional penalties.
21 U.S.C. 848 - Continuing criminal enterprise.
21 U.S.C. 849 - Transportation safety offenses.
21 U.S.C. 850 - Information for sentencing.
21 U.S.C. 851 - Proceedings to establish prior convictions.
21 U.S.C. 852 - Application of treaties and other international agreements.
21 U.S.C. 853 - Criminal forfeitures.
21 U.S.C. 854 -Investment of illicit drug profits.
21 U.S.C. 855 - Alternative fine.
21 U.S.C. 856 - Maintaining drug-involved premises.
21 U.S.C. 858 - Endangering human life while illegally manufacturing a controlled substance.
21 U.S.C. 859 - Distribution to persons under age twenty-one.
21 U.S.C. 860 - Distribution or manufacturing in or near schools and colleges.
21 U.S.C. 860a - Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises where children are present or reside.
21 U.S.C. 861 - Employment or use of minors in drug operations.
21 U.S.C. 862 - Denial of Federal benefits to drug traffickers and possessors.
21 U.S.C. 862a - Denial of assistance and benefits for certain drug-related convictions.
21 U.S.C. 862b - Sanctioning for testing positive for controlled substances.
21 U.S.C. 863 - Drug paraphernalia.
21 U.S.C. 864 - Anhydrous ammonia.
21 U.S.C. 864a - Grants to reduce the production of methamphetamines from anhydrous ammonia.
21 U.S.C. 865 - Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs.

Key Points to Consider If Accused

Facing accusations under this law can be overwhelming due to the potentially severe consequences. Your best hope of a favorable or lenient outcome is to hire a federal criminal defense attorney with specific experience defending drug-related offenses.

Here are a few important considerations that a good attorney may utilize in formulating your defense:

Proximity is a Key Component: The government must prove that the offense occurred within the specified distance (e.g., within 1,000 feet of a school or playground). Geographic discrepancies or a lack of precise evidence may work in your favor, at least in lowering the sentencing thresholds, if they do not result in dismissal or acquittal.
Intent Matters: Conviction generally requires proof that you knowingly or intentionally participated in illegal activities within the protected zone. A lack of intent could be a significant defense, for example, if you participated in the activity without full awareness that drugs were being manufactured or distributed.
Mandatory Minimum Sentencing May Apply: Keep in mind that even first-time offenders face unavoidably high penalties. Understanding mandatory minimum sentencing laws is essential when building a defense or negotiating a plea.

For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, California

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