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21 USC Sec. 962 01/22/02
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER II - IMPORT AND
EXPORT
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Sec. 962. Second or subsequent
offenses
-STATUTE-
(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.
-SOURCE-
(Pub. L. 91-513, title III, Sec.
1012, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 98-473, title II, Sec. 225(b),
505, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, Sec. 1004(a),
1005(c), Oct. 27, 1986, 100 Stat. 3207-6; Pub. L. 103-322, title IX, Sec.
90105(b), Sept. 13, 1994,
108 Stat. 1988.)
-MISC1-
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,
Sec. 1005(c), amended Pub. L. 98-473,
Sec. 225. See 1984 Amendment note below.
Pub. L. 99-570, Sec. 1004(a), substituted
''term of supervised release''
for ''special parole term''.
1984 - Subsec. (a). Pub. L. 98-473,
Sec. 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, Sec. 1005(c).
Subsec. (b). Pub. L. 98-473, Sec.
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.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
title 46 App. section 1903.
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