2011 US Code
Title 21 - Food and Drugs
Chapter 13 - DRUG ABUSE PREVENTION AND CONTROL (§§ 801 - 971)
Subchapter I - CONTROL AND ENFORCEMENT (§§ 801 - 904)
Part D - Offenses and Penalties (§§ 841 - 865)
Section 849 - Transportation safety offenses
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 21 - FOOD AND DRUGS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | 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 |
| Contains | section 849 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 91-513, title II, §409, as added Pub. L. 103-322, title XVIII, §180201(b)(1), Sept. 13, 1994, 108 Stat. 2046. |
| Statutes at Large References | 84 Stat. 1266 98 Stat. 2027 100 Stat. 2095 108 Stat. 2046 |
| Public Law References | Public Law 91-513, Public Law 98-473, Public Law 99-514, Public Law 103-322 |
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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 offenseA 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—
(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 offenseA 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—
(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, §409, as added Pub. L. 103–322, title XVIII, §180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)
Prior ProvisionsA prior section 849, Pub. L. 91–513, title II, §409, Oct. 27, 1970, 84 Stat. 1266; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, related to dangerous special drug offender sentencing, prior to repeal by Pub. L. 98–473, title II, §§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.
1 So in original. Probably should be subsection “(c)”.
2 So in original. Probably should be subsection “(b)”.
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