
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC962]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                    SUBCHAPTER II--IMPORT AND EXPORT
 
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.)


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in title 46 App. section 1903.
