Noel Thibodeau is a former language teacher accused of allowing his home to be used for drug activity. He was arrested on August 5th and released on bail this monday. Thibodeau is charged with a federal crime that we don’t see very often called “Maintaining Drug-Involved Premises.” After reading the coverage earlier this week, I thought I would take a closer look at the law.
The statute is 21 U.S.C. 856 and makes it a crime to:
- Knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
- 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 from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.
Thibodeau has been indicted for violating subsection 2. The maximum sentence is 20 years in federal prison and there is no minimum sentence.
We don’t have much information yet about the circumstances leading to the charge, but some may assume that Thibodeau allowed a drug trafficking scheme to operate out of his home. While that might be true, it’s not needed to support a conviction. Under subsection 2, a person can commit this 20 year felony merely by allowing friends to smoke weed in their home.
The sentencing range is impossible to accurately estimate at this time since it depends on the type and quantity of drugs connected with the premises. That information has not been released yet. For what it’s worth, you can find the applicable sentencing guidelines here and here.
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