Second or subsequent offenses

  1. Law
  2. USC 21
  3. Food And Drugs
  4. DRUG ABUSE PREVENTION AND CONTROL
  5. IMPORT AND EXPORT
  6. Second or subsequent offenses

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§962. Second or subsequent offenses

(a) Term of imprisonment and fine

Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offender's second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized.

(b) Determination of status

For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final.

(c) Procedures applicable

Section 851 of this title shall apply with respect to any proceeding to sentence a person under this section.

( Pub. L. 91–513, title III, §1012, Oct. 27, 1970, 84 Stat. 1290 ; Pub. L. 98–473, title II, §§225(b), 505, Oct. 12, 1984, 98 Stat. 2030 , 2070; Pub. L. 99–570, title I, §§1004(a), 1005(c), Oct. 27, 1986, 100 Stat. 3207–6 ; Pub. L. 103–322, title IX, §90105(b), Sept. 13, 1994, 108 Stat. 1988 .)

Amendments

1994-Subsec. (b). Pub. L. 103–322 substituted "one or more prior convictions of such person for a felony drug offense have become final" for "one or more prior convictions of him for a felony under any provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final".

1986-Subsec. (a). Pub. L. 99–570, §1005(c), amended Pub. L. 98–473, §225. See 1984 Amendment note below.

Pub. L. 99–570, §1004(a), substituted "term of supervised release" for "special parole term".

1984-Subsec. (a). Pub. L. 98–473, §225(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment of section 225 of Pub. L. 98–473 by Pub. L. 99–570, §1005(c).

Subsec. (b). Pub. L. 98–473, §505, inserted references to laws of a State or of a foreign country.

Effective Date of 1986 Amendment

Amendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.


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