CITE       21 USC Sec. 962                                              01/24/94

EXPCITE    TITLE 21 - FOOD AND DRUGS

           CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

           SUBCHAPTER II - IMPORT AND EXPORT

HEAD       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 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.

           (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.)

REFTEXT                             REFERENCES IN TEXT

             This subchapter, referred to in subsec. (b), was in the original

           ''this title'', meaning title III of Pub. L. 91-513, Oct. 27, 1970,

           84 Stat. 1285, as amended.  Part A of title III comprises this

           subchapter.  For classification of Part B, consisting of sections

           1101 to 1105 of title III, see Tables.

MISC2                                   AMENDMENTS

             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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