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Title 21, Food and DrugsRelease 119-110

§849 Transportation Safety Offenses

Title 21 › CHAPTER 13 — DRUG ABUSE PREVENTION AND CONTROL › SUBCHAPTER I — CONTROL AND ENFORCEMENT › Part D — Offenses and Penalties › § 849

Last updated Sep 23, 2026|Official source

Summary

Selling or trying to sell illegal drugs at, on, or within 1,000 feet of a truck stop or a safety rest area brings tougher punishments than normal. A safety rest area is a roadside place with parking for motorists. A truck stop is a place that can fuel or service commercial trucks and is within 2,500 feet of the Interstate Highway System or the Federal‑Aid Primary System. For a first covered offense, the prison time and any court‑ordered supervision after prison are doubled compared to the usual punishment. If the person has a prior final conviction under this rule, those penalties are tripled.

Full Legal Text

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)) 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) 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.

Legislative History

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.

Reference

Citations & Metadata

Citation

21 U.S.C. § 849

Title 21, Food and Drugs

Last Updated

Sep 23, 2026

Release point: 119-110