Unlawful acts
Penalty for first offense
Any person who violates subsection (a) is subject to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year.
Penalty for subsequent offenses
section 841(b)(1)(A) of this titleAny person who violates subsection (a) after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be governed by .
Penalty for providing or distributing controlled substance to underage person
Suspension of sentence; probation; parole
section 4202 of title 182
Distribution of controlled substance to pregnant individual
Except as authorized by this subchapter, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this subchapter. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e).
Pub. L. 91–513, title II, § 420Pub. L. 99–570, title I, § 1102100 Stat. 3207–10Pub. L. 100–690, title VI102 Stat. 4371Pub. L. 101–647, title X104 Stat. 4827(, formerly § 405B, as added , , ; amended , §§ 6452(b)(1), 6459, 6470(d), , , 4373, 4378; renumbered § 420 and amended , §§ 1002(c), 1003(c), title XXXV, § 3599L, , , 4829, 4932.)
Editorial Notes
References in Text
Section 4202 of title 18Pub. L. 94–233, § 290 Stat. 219section 4205 of Title 18Pub. L. 98–473, title II98 Stat. 2027section 3551 of Title 18, referred to in subsec. (e), which, as originally enacted in Title 18, Crimes and Criminal Procedure, related to eligibility of prisoners for parole, was repealed and a new section 4202 enacted as part of the repeal and enactment of a new chapter 311 (§ 4201 et seq.) of Title 18, by , , . For provisions relating to the eligibility of prisoners for parole, see . , §§ 218(a)(5), 235(a)(1), (b)(1), , , 2031, 2032, as amended, provided that, effective on the first day of the first calendar month beginning 36 months after (), chapter 311 of Title 18 is repealed, subject to remaining effective for five years after , in certain circumstances. See Effective Date note set out under .
Codification
section 845b of this titlePub. L. 101–647Section was classified to prior to renumbering by .
Amendments
Pub. L. 101–647, § 1003(c)(1)1990—Subsec. (b). , which directed the substitution of “is subject to twice the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to twice that authorized, or up to twice the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both,” to reflect the probable intent of Congress.
Pub. L. 101–647, § 3599LSubsec. (c). , substituted “has become final” for “have become final”.
Pub. L. 101–647, § 1003(c)(2), which directed the substitution of “is subject to three times the maximum punishment otherwise authorized” for “is punishable by a term of imprisonment up to three times that authorized, or up to three times the fine authorized, or both,” was executed by making the substitution for “is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both,” to reflect the probable intent of Congress.
Pub. L. 100–690, § 64591988—Subsec. (a)(3). , added par. (3).
Pub. L. 100–690, § 6452(b)(1)section 841(b)(1)(A) of this titleSubsec. (c). , 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, § 6470(d)section 841(b) of this titleSubsec. (e). , struck out “required by ” after “mandatory term of imprisonment”.