§849 — Title 21 Food and Drugs | U.S. Code

Summary

Makes penalties harsher for selling or trying to sell illegal drugs at or near truck stops and safety rest areas. A safety rest area is a roadside place with parking for drivers. A truck stop is a place that can fuel or serve commercial trucks and is within 2,500 feet of the Interstate or the Federal-Aid Primary highway system. The rule covers drugs sold in, on, or within 1,000 feet of those places. For a first conviction, the maximum prison sentence and any supervised‑release term are doubled compared with the usual penalty for that offense. After a prior conviction becomes final, those maximums are tripled.

Title 21, §849

Food and Drugs — Source: USLM XML via OLRC

(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)) 11 So in original. Probably should refer to subsection (c). 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) 22 So in original. Probably should refer to subsection (b). 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A 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.

§849 Transportation safety offenses

Summary

Title 21, §849

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata