-CITE-
21 USC Sec. 849 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 849. Transportation
safety offenses
-STATUTE-
(a) Definitions
In this section - ''safety
rest area'' means a roadside facility with parking facilities
for the rest or other needs of motorists. ''truck
stop'' means a facility (including any parking lot appurtenant
thereto) that -
(A) has the capacity to
provide fuel or service, or both, to any
commercial motor vehicle (as defined in section 31301 of title
49), operating in commerce (as defined in that section); and
(B) is located within 2,500
feet of the National System of Interstate
and Defense Highways or the Federal-Aid Primary System.
(b) First
offense
A person who violates section 841(a)(1) of this title or section 856
of this title by distributing or possessing with intent to distribute
a controlled substance in or on, or within 1,000 feet of, a truck stop
or safety rest area is (except as provided in subsection (b) (FOOTNOTE
1) of this section) subject to - (FOOTNOTE 1) So in original. Probably
should be subsection ''(c)''.
(1) twice the maximum punishment
authorized by section 841(b) of this title;
and
(2) twice any term of supervised
release authorized by section 841(b)
of this title for a first offense.
(c) Subsequent
offense
A person who violates section 841(a)(1) of this title or section 856
of this title by distributing or possessing with intent to distribute
a controlled substance in or on, or within 1,000 feet of, a truck stop
or a safety rest area after a prior conviction or convictions under
subsection (a) (FOOTNOTE 2) of this section have become final is subject
to -
(FOOTNOTE 2) So in original.
Probably should be subsection ''(b)''.
(1) 3 times the maximum
punishment authorized by section 841(b) of
this title; and
(2) 3 times any term of
supervised release authorized by section 841(b)
of this title for a first offense.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 409, as added Pub. L. 103-322, title
XVIII, Sec. 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)
-MISC1-
PRIOR PROVISIONS
A prior section 849, Pub.
L. 91-513, title II, Sec. 409, Oct. 27, 1970,
84 Stat. 1266; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, related to dangerous special drug offender sentencing, prior
to repeal by Pub. L. 98-473, title II, Sec. 219(a), 235(a)(1),
Oct. 12, 1984, 98 Stat. 2027, 2031, eff. Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such repeal.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 841 of this title; title 18
section 3663.
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