34 USC § 12522 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

---
identifier: "/us/usc/t34/s12522"
source: "usc"
legal_status: "official_prima_facie"
title: "34 USC § 12522 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
section_number: "12522"
section_name: "Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons"
chapter_number: 121
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
subchapter_number: "IV"
subchapter_name: "DRUG CONTROL"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)"
---


# § 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

**(a)** **Declaration of policy** It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.

**(b)** **Sentencing guidelines** Pursuant to its authority under section 994 of title 28, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—

**(1)** under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or

**(2)** under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.

**(c)** **No probation** Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.

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**Source Credit**: (Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.)

## Editorial Notes

### Codification

Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Section is comprised of . Subsec. (b) of  is also listed in a table relating to sentencing guidelines set out under , Judiciary and Judicial Procedure.