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9.31 Controlled Substance-Maintaining Drug-Involved Premises

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US-JURY-9THCIR-9-31-CR
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

The 9.31 Controlled Substance-Maintaining Drug-Involved Premises is a criminal offense in which an individual maintains, rents, leases, owns, or otherwise makes available a premise for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. This offense is typically punished as a felony. Types of 9.31 Controlled Substance-Maintaining Drug-Involved Premises include: drug-trafficking premises, drug-manufacturing premises, drug-using premises, and drug-distribution premises.

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FAQ

Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.

The term ?narcotics trafficking? means any illicit activity to cultivate, produce, manufacture, distribute, sell, finance, or transport narcotic drugs, controlled substances, or listed chemicals, or otherwise endeavor or attempt to do so, or to assist, abet, conspire, or collude with others to do so.

Under 21 U.S.C. Section 856, a person is guilty of Maintaining Drug Involved Premises, when s/he: Knowingly opens, leases, rents, uses or maintains any place (whether permanently or temporarily) for the purpose of manufacturing, distributing or using any controlled substance, OR.

Congress enacted 21 U.S.C. S856 as part of the Anti-Drug Abuse Act of 1986. This law is commonly known as the "crack house" statute because its primary purpose was to outlaw the operation of houses and buildings where crack and other drugs are made or used.

The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

Congress enacted 21 U.S.C. S856 as part of the Anti-Drug Abuse Act of 1986. This law is commonly known as the "crack house" statute because its primary purpose was to outlaw the operation of houses and buildings where crack and other drugs are made or used.

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9.31 Controlled Substance-Maintaining Drug-Involved Premises