
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC849]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 849. Transportation safety offenses


(a) Definitions

    In this section--
        ``safety rest area'' means a roadside facility with parking 
    facilities for the rest or other needs of motorists.
        ``truck stop'' means a facility (including any parking lot 
    appurtenant thereto) that--
            (A) has the capacity to provide fuel or service, or both, to 
        any commercial motor vehicle (as defined in section 31301 of 
        title 49), operating in commerce (as defined in that section); 
        and
            (B) is located within 2,500 feet of the National System of 
        Interstate and Defense Highways or the Federal-Aid Primary 
        System.

(b) First offense

    A person who violates section 841(a)(1) of this title or section 856 
of this title by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
safety rest area is (except as provided in subsection (b) \1\ of this 
section) subject to--
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    \1\ So in original. Probably should be subsection ``(c)''.
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        (1) twice the maximum punishment authorized by section 841(b) of 
    this title; and
        (2) twice any term of supervised release authorized by section 
    841(b) of this title for a first offense.

(c) Subsequent offense

    A person who violates section 841(a)(1) of this title or section 856 
of this title by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
a safety rest area after a prior conviction or convictions under 
subsection (a) \2\ of this section have become final is subject to--
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    \2\ So in original. Probably should be subsection ``(b)''.
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        (1) 3 times the maximum punishment authorized by section 841(b) 
    of this title; and
        (2) 3 times any term of supervised release authorized by section 
    841(b) of this title for a first offense.

(Pub. L. 91-513, title II, Sec. 409, as added Pub. L. 103-322, title 
XVIII, Sec. 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)


                            Prior Provisions

    A prior section 849, Pub. L. 91-513, title II, Sec. 409, Oct. 27, 
1970, 84 Stat. 1266; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
2095, related to dangerous special drug offender sentencing, prior to 
repeal by Pub. L. 98-473, title II, Secs. 219(a), 235(a)(1), Oct. 12, 
1984, 98 Stat. 2027, 2031, eff. Nov. 1, 1987, and applicable only to 
offenses committed after the taking effect of such repeal.

                  Section Referred to in Other Sections

    This section is referred to in section 841 of this title; title 18 
section 3663.
