21 USC; Section 962

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Regulations & Codified CSA > USC > Subchapter II > Section 962

Title 21 United States Code (USC)
Controlled Substances Act

Section 962. Second or Subsequent Offenses

Term of imprisonment and fine

(a) 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.

Determination of status

(b) 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 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.

Procedures applicable

(Pub. L. 91-513, Title III, Section 1012, Oct. 27, 1970, 84 Stat. 1290; Pub.L. 98-473, Title II, Section 225(b), 505, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub.L. 99-570, Title I, Section 1004(a), Oct. 27, 1986, 100 Stat. 3207-6.)

EDITORIAL NOTES

References in Text. "This subchapter", referred to in subsec. (b), was in the original "this title" meaning Title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of Title III comprises this subchapter. For classification of Part B, consisting of sections 1101 to 1105 of Title III, see U.S.C.A. Tables.

Repeals. Section 225(b) of Pub.L. 98-473, cited to credit, was repealed by section 1005(c) of Pub.L. 99-570. Such provisions of section 225(b) of Pub.L. 98-473, which were to take effect Nov. 1, 1987, as a result of repeal were never executed to text of section.

Effective Date of 1986 Amendment. Amendment by section 1004(a) of Pub.L. 99-570 to take effect on the date of the taking of 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.

Effective Date and Savings Provisions of 1984 Amendment. Amendment by Pub.L. 98-473, Section 225(b), effective on the first day of first calendar month beginning thirty six months after Oct. 12, 1984, applicable only to offenses committed after taking effect of sections 211 to 239 of Pub.L. 98-473, and except as otherwise provided for therein, see section 235 of Pub.L. 98-473, as amended, set out as a note under section 3551 of Title 18, Crimes and Criminal Procedure.

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Title 21 United States Code (USC) Controlled Substances Act

Section 962. Second or Subsequent Offenses

Title 21 United States Code (USC)
Controlled Substances Act