serious drug offense
Defined in 2 dictionaries — Case Law, U.S. Code
Definitions from Case Law
From 557 U.S. 29 - Nijhawan v. Holder · 2009Most cited · 1,085 citing opinions
— "(i) an offense under the Controlled Substances Act (21 U. S. C. 801 et seq.), the Controlled Substances Import and Export Act (21 U. S. C. 951 et seq.), or chapter 705 of title 46, for which a maximum term of imprisonment of ten years or more is prescribed by law; or "(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manu *47 facture or distribute, a controlled substance
United States Code
18 U.S.C. § 3559 — in this section (4 versions over time)
the term “serious drug offense” means—
(i) an offense that is punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); or
(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)).
18 U.S.C. § 924 — under this title (5 versions over time)
the term “serious drug offense” means—
(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a maximum term of imprisonment of ten years or more is prescribed by law; or
(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law;