21 USC Sec. 962                                             01/05/2009




    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.
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