Term of imprisonment and fine
section 960(b) of this titleAny 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 , 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.
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.
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, § 101284 Stat. 1290Pub. L. 98–473, title II98 Stat. 2030Pub. L. 99–570, title I100 Stat. 3207–6Pub. L. 103–322, title IX, § 90105(b)108 Stat. 1988(, , ; , §§ 225(b), 505, , , 2070; , §§ 1004(a), 1005(c), , ; , , .)
Editorial Notes
Amendments
Pub. L. 103–3221994—Subsec. (b). 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”.
Pub. L. 99–570, § 1005(c)Pub. L. 98–473, § 2251986—Subsec. (a). , amended . See 1984 Amendment note below.
Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.
Pub. L. 98–473, § 225(b)section 235(a)(1) of Pub. L. 98–473section 3551 of Title 18section 225 of Pub. L. 98–473Pub. L. 99–570, § 1005(c)1984—Subsec. (a). , which directed amendment of this section effective (see set out as an Effective Date note under , Crimes and Criminal Procedure) was omitted in the general amendment of by .
Pub. L. 98–473, § 505Subsec. (b). , inserted references to laws of a State or of a foreign country.
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
Pub. L. 91–513section 951 of this titleSection effective on first day of seventh calendar month that begins after , see 1105(a) of , set out as a under .