Laws: Cases and Codes : U.S. Code : Title 21 : Section 849


   
U.S. Code as of: 01/19/04
Section 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 - 

        (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 - 

        (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.



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