Drug Demand Reduction Program

Aimed at ridding neighborhoods of houses and other buildings used for the consumption and/or distribution of illegal drugs.

21 United States Code § 856

§ 856. Maintaining drug-involved premises

(a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful to--

(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;

(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.

(b) Penalties

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.

A violation of subsection (a) of this section shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of Title 18.

(d)

(1) Any person who violates subsection (a) of this section shall be subject to a civil penalty of not more than the greater of--

(A) $250,000; or

(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.

(2) If a civil penalty is calculated under paragraph (l)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.

(e) Any person who violates subsection (a) of this section shall be subject to declaratory and injunctive remedies as set forth in section 843(f) of this title.

SANCTIONS BASED DRUG DEMAND REDUCTION WESTERN DISTRICT OF PENNSYLVANIA UNITED STATES ATTORNEY MARY BETH BUCHANAN JANUARY 2008

In 2004, the United States Attorney's Office for the Western District of Pennsylvania implemented a drug demand reduction program aimed at ridding neighborhoods of houses and other buildings used for the consumption and/or distribution of illegal drugs. These "drug houses" are typically well known to the neighborhood. The program uses a series of escalating sanctions (listed below) to effectuate its goals and has as its foundation the so-called "drug house statute" found at 21 U.S.C. §856. The first part of that statute makes it illegal for an owner or user (i.e., tenant) to knowingly use a place for the distribution or use of drugs. The second part applies to one who has knowledge that drug activity is taking place in a place owned or controlled by them (i.e., landlord), but may not have actually opened or maintained the property for that purpose.

SANCTIONS

Step One - In the initial stage, the community police department will compile a list of "hot spot" properties; i.e., properties that have become quite detrimental to the neighborhood and for which the community has received numerous complaints (to either the police department, community action groups, and/or community officials) and for which the police department has generated arrest reports, incident reports and/or service calls. Once this information is compiled, it should be forwarded to the US Attorney's Office for review, to determine whether the activities at those properties warrants further action. In addition, private individuals, as well as community groups, may contact the US Attorney's Office directly on 412-644-3500 to report drug activity at a particular address. When the US Attorney's Office receives complaints directly, it will forward information concerning properties not on the "hot spot" list to the police department to make sure the police department is aware of the property and to determine whether it has any other information regarding these properties

Step Two - Send letters under the signature of United States Attorney Mary Beth Buchanan to all owners of these premises, informing them that their properties are the site of illegal drug trafficking and/or illegal drug use. The letter will invite the landlord, and his or her attorney, to a meeting at the United States Attorney's Office. However, if the evidence is sufficiently egregious, immediate prosecution under Title 21, United States Code, Section 856, may be instituted.

Step Three - At the meeting, an AUSA will advise the owner/tenant/ landlord of the general nature of the elements and sanctions contained in 21 USC §856, discuss - along with a representative of the police department - the nature of the drug problems at the building, and provide the landlord with deadlines within which to take affirmative action to terminate the drug activity. In most cases, the owners are keenly aware of the problem individuals and are willing to take an active role in remedial measures. Suggestions will be made to the landlord regarding possible actions, such as insisting on lease clauses which will permit the landlord to more easily rid the property of tenants engaging in drug activity, (e.g., Section 8 housing leases have such clauses.) Additional meetings are set, as required, to ensure that action is taken. Law enforcement follows up with investigative activities such as trash pulls and surveillance to confirm that the drug activity has abated. Reports of the meetings are made in the event that prosecution is required. The meeting will also place the landlord on notice of the drug activity so that the landlord cannot later claim he is an "innocent owner" as a defense to the forfeiture.

Step Four - If these efforts are not successful in correcting the use of the property within a reasonable period of time, then the United States Attorney's Office will consider bringing a civil forfeiture action against the property. The basis for forfeiture will be that the premises has been used to facilitate the distribution and/or use of illegal drugs. If the drug activity has continued during the cleanup period due to inaction by the landlord./owner, and we have informed the landlord of ongoing activity and the fact that the illegal activity has not abated, then the landlord will be in a difficult position to claim that he is an "innocent owner" as a defense to the forfeiture.

Step Five - In the few cases where these efforts have not been successful in correcting the use of the property within a reasonable time, we will pursue prosecutions or civil monetary penalties pursuant to Title 21, United States Code, Section 856. Section 856(a)(2) makes it illegal to knowingly manage or control any place, either as owner, lessee, agent, employee, occupant, or mortgages ... for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance. The "knowledge" element may be satisfied by proof of deliberate ignorance. See United States v. Chen, 913 F.2d 183 (5th Cir. 1990). The maximum criminal penalties are 20 years in prison and a $500,000 fine. A maximum civil monetary penalty of $250,000 is also authorized. Injunctive relief is also a potential remedy. 21 U.S.C. §856(e).

It is anticipated that steps short of actual prosecution will be successful in many cases. The first goal is to achieve compliance without the necessity of formal legal action. However, the Section 856 remedies and forfeiture are important law enforcement tools to effect compliance against recalcitrant landlords and owners.

While the US Attorney continues to review materials regarding any property deemed worthwhile by law enforcement, community involvement permits us to focus on areas of specific interest to the public such as those near schools or in designated weed and seed neighborhoods.