First offense
section 860 of this titlesection 841(a)(1) of this titlesection 841(b) of this titlesection 841(b) of this titlesection 841(b) of this titleExcept as provided in , any person at least eighteen years of age who violates by distributing a controlled substance to a person under twenty-one years of age is (except as provided in subsection (b)) subject to (1) twice the maximum punishment authorized by , and (2) at least twice any term of supervised release authorized by , for a first offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.
Second offense
section 860 of this titlesection 841(a)(1) of this titlesection 333(b) of this titlesection 841(b) of this titlesection 841(b) of this titlesection 841(b) of this titlesection 841(b)(1)(A) of this titleExcept as provided in , any person at least eighteen years of age who violates by distributing a controlled substance to a person under twenty-one years of age after a prior conviction under subsection (a) of this section (or under as in effect prior to ) has become final, is subject to (1) three times the maximum punishment authorized by , and (2) at least three times any term of supervised release authorized by , for a second or subsequent offense involving the same controlled substance and schedule. Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year. Penalties for third and subsequent convictions shall be governed by .
Pub. L. 91–513, title II, § 41884 Stat. 1265Pub. L. 98–473, title II98 Stat. 2030Pub. L. 99–570, title I100 Stat. 3207–6Pub. L. 100–690, title VI102 Stat. 4371Pub. L. 101–647, title X104 Stat. 4827(, formerly § 405, , ; , §§ 224(b), 503(b)(3), , , 2070; , §§ 1004(a), 1005(b)(1), 1105(a), (b), , , 3207–11; , §§ 6452(b), 6455, 6456, , , 4372; renumbered § 418 and amended , §§ 1002(a), 1003(a), title XXXV, § 3599L, , , 4828, 4932.)
Editorial Notes
Codification
section 845 of this titlePub. L. 101–647Section was classified to prior to renumbering by .
Amendments
Pub. L. 101–647, § 1003(a)(1)section 841(b) of this titlesection 841(b) of this title1990—Subsec. (a). , substituted “subject to (1) twice the maximum punishment authorized by ” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by ”.
Pub. L. 101–647, § 1002(a)(2)(A), substituted “section 860” for “section 845a”.
Pub. L. 101–647, § 3599LSubsec. (b). , substituted “has become final” for “have become final”.
Pub. L. 101–647, § 1003(a)(2)section 841(b) of this titlesection 841(b) of this title, substituted “subject to (1) three times the maximum punishment authorized by ” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by ”.
Pub. L. 101–647, § 1002(a)(2)(B), substituted “section 860” for “section 845a”.
Pub. L. 100–690, § 64551988—Subsec. (a). , inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”
Pub. L. 100–690, § 6452(b)section 841(b)(1)(A) of this titleSubsec. (b). , struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”, and inserted at end “Penalties for third and subsequent convictions shall be governed by .”
Pub. L. 100–690, § 6456, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”
Pub. L. 99–570, § 1105(a)section 841(b) of this title1986—Subsec. (a). , inserted “Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year.”
Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.
Pub. L. 99–570, § 1105(b)section 841(b) of this titleSubsec. (b). , inserted “Except to the extent a greater minimum sentence is otherwise provided by , a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”
Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.
Pub. L. 98–473, § 503(b)(3)section 845a of this title1984—Subsecs. (a), (b). , substituted “Except as provided in , any” for “Any”.
Pub. L. 98–473, § 224(b)section 235(a)(1) of Pub. L. 98–473section 3551 of Title 18Pub. L. 99–570, § 1005(b)(1), which directed amendment of this section effective (see set out as an Effective Date note under , Crimes and Criminal Procedure) was repealed by .
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
section 1004(a) of Pub. L. 99–570section 3583 of Title 18section 1004(b) of Pub. L. 99–570section 841 of this titleAmendment by effective on date of taking effect of , Crimes and Criminal Procedure (), see set out as a note under .
Effective Date
section 704 of Pub. L. 91–513section 801 of this titleSection effective on first day of seventh calendar month that begins after , see , set out as a note under .