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

Summary

Adds up to 15 years to a prison sentence for someone convicted of a drug crime under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) that involves methamphetamine or a listed chemical defined in 21 U.S.C. 802(33). The extra time must be served after the original sentence, and anyone who gets it is permanently banned from using or being eligible for government-approved fast-entry lanes or expedited inspection programs (for example, dedicated commuter lanes or accelerated inspection systems) when entering the United States.

Title 21, §865

Food and Drugs — Source: USLM XML via OLRC

(a)The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33),11 So in original. A second closing parenthesis probably should precede the comma. shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years.

(b)For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who—

(1)was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and

(2)committed the offense while entering the United States, using such lane, system, or program.

(c)Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).

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References in Text

The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to this subchapter. For complete classification of this Act to the Code, see

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note set out under section 801 of this title and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see

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note set out under section 951 of this title and Tables. Codification Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005 and also as part of the Combat Methamphetamine Epidemic Act of 2005, and not as part of the Controlled Substances Act which comprises this subchapter.

§865 Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs

Summary

Title 21, §865

Notes & Related Subsidiaries

Editorial Notes

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