21 USC 856 - Maintaining drug-involved premises

U.S Code last checked for updates: May 02, 2024

§ 856.

Maintaining drug-involved premises

(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

(c)

Violation as offense against property

(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

(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.)

cite as: 21 USC 856