# § 859. Distribution to persons under age twenty-one
**(a)** **First offense** section 860 of this titlesection 841(a)(1) of this titlesection 841(b) of this titlesection 841(b) of this titlesection 841(b) of this title
Except as provided in , any person at least eighteen years of age who violates by distributing a controlled substance to a person under twenty-one years of age is (except as provided in subsection (b)) subject to (1) twice the maximum punishment authorized by , and (2) at least twice any term of supervised release authorized by , for a first offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.
**(b)** **Second offense** section 860 of this titlesection 841(a)(1) of this titlesection 333(b) of this titleMay 1, 1971section 841(b) of this titlesection 841(b) of this titlesection 841(b) of this titlesection 841(b)(1)(A) of this title
Except as provided in , any person at least eighteen years of age who violates by distributing a controlled substance to a person under twenty-one years of age after a prior conviction under subsection (a) of this section (or under as in effect prior to ) has become final, is subject to (1) three times the maximum punishment authorized by , and (2) at least three times any term of supervised release authorized by , for a second or subsequent offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year. Penalties for third and subsequent convictions shall be governed by .
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**Source Credit**: (Pub. L. 91–513, title II, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§ 224(b), 503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100 Stat. 3207–6, 3207–11; Pub. L. 100–690, title VI, §§ 6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered § 418 and amended Pub. L. 101–647, title X, §§ 1002(a), 1003(a), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
## Editorial Notes
### Codification
Section was classified to prior to renumbering by .
### Amendments
1990—Subsec. (a). , substituted “subject to (1) twice the maximum punishment authorized by ” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by ”.
, substituted “section 860” for “section 845a”.
Subsec. (b). , substituted “has become final” for “have become final”.
, substituted “subject to (1) three times the maximum punishment authorized by ” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by ”.
, substituted “section 860” for “section 845a”.
1988—Subsec. (a). , inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”
Subsec. (b). , struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”, and inserted at end “Penalties for third and subsequent convictions shall be governed by .”
, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”
1986—Subsec. (a). , inserted “Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year.”
, substituted “term of supervised release” for “special parole term”.
Subsec. (b). , inserted “Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be 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.”
, substituted “term of supervised release” for “special parole term”.
1984—Subsecs. (a), (b). , substituted “Except as provided in , any” for “Any”.
, which directed amendment of this section effective (see set out as an Effective Date note under , Crimes and Criminal Procedure) was repealed by .
## Statutory Notes and Related Subsidiaries
### Effective Date of 1986 Amendment
Amendment by effective on date of taking effect of , Crimes and Criminal Procedure (), see set out as a note under .
### Effective Date
Section effective on first day of seventh calendar month that begins after , see , set out as a note under .