21 USC 862a - Denial of assistance and benefits for certain drug-related convictions

U.S Code last checked for updates: Jul 02, 2025

§ 862a.

Denial of assistance and benefits for certain drug-related convictions

(a)

In general

An individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance (as defined in section 802(6) of this title) shall not be eligible for—

(1)

assistance under any State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], or

(2)

benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act [7 U.S.C. 2011 et seq.].

(b)

Effects on assistance and benefits for others

(1)

Program of temporary assistance for needy families

(2)

Benefits under the Food and Nutrition Act of 2008

(c)

Enforcement

(d)

Limitations

(1)

State elections

(A)

Opt out

(B)

Limit period of prohibition

(2)

Inapplicability to convictions occurring on or before August 22, 1996

(e)

“State” defined

For purposes of this section, the term “State” has the meaning given it—

(1)

in section 419(5) of the Social Security Act [42 U.S.C. 619(5)], when referring to assistance provided under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], and

(2)

in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the supplemental nutrition assistance program (as defined in that section) or any State program carried out under that Act [7 U.S.C. 2011 et seq.].

(f)

Rule of interpretation

Nothing in this section shall be construed to deny the following Federal benefits:

(1)

Emergency medical services under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].

(2)

Short-term, noncash, in-kind emergency disaster relief.

(3)

(A)

Public health assistance for immunizations.

(B)

Public health assistance for testing and treatment of communicable diseases if the Secretary of Health and Human Services determines that it is necessary to prevent the spread of such disease.

(4)

Prenatal care.

(5)

Job training programs.

(6)

Drug treatment programs.

(Pub. L. 104–193, title I, § 115, Aug. 22, 1996, 110 Stat. 2180; Pub. L. 105–33, title V, § 5516(a), Aug. 5, 1997, 111 Stat. 620; Pub. L. 110–234, title IV, § 4115(c)(2)(C), May 22, 2008, 122 Stat. 1109; Pub. L. 110–246, § 4(a), title IV, § 4115(c)(2)(C), June 18, 2008, 122 Stat. 1664, 1871; Pub. L. 113–79, title IV, § 4030(n), Feb. 7, 2014, 128 Stat. 814.)

cite as: 21 USC 862a