21 USC Sec. 962 01/05/2009
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER II - IMPORT AND EXPORT
Sec. 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, Sec. 1012, Oct. 27, 1970, 84 Stat.
1290; Pub. L. 98-473, title II, Secs. 225(b), 505, Oct. 12, 1984,
98 Stat. 2030, 2070; Pub. L. 99-570, title I, Secs. 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.)
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.