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U.S Code last checked for updates: Jul 25, 2025
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Title 21
Chapter 13
Subchapter I
Part D
§ 862. Denial of Federal benefit...
§ 862b. Sanctioning for testing ...
§ 862. Denial of Federal benefit...
§ 862b. Sanctioning for testing ...
U.S. Code
Notes
§ 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.
(
cite as:
21 USC 862a
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