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
851 of this title shall apply with respect to any proceeding to sentence a person under this section.
1994—Subsec. (b). Pub. L. 103–322substituted “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, § 1004(a), substituted “term of supervised release” for “special parole term”.
1984—Subsec. (a). Pub. L. 98–473, § 225(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) ofPub. L. 98–473set 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 ofPub. L. 98–473by Pub. L. 99–570, § 1005(c).
Subsec. (b). Pub. L. 98–473, § 505, inserted references to laws of a State or of a foreign country.
Effective Date of 1986 Amendment
Amendment by section 1004(a) ofPub. L. 99–570effective on date of taking effect of section
3583 of Title
18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) ofPub. L. 99–570set out as a note under section
841 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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