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Title 21, Food and DrugsRelease 119-110

§962 Second or Subsequent Offenses

Title 21 › CHAPTER 13 — DRUG ABUSE PREVENTION AND CONTROL › SUBCHAPTER II — IMPORT AND EXPORT › § 962

Last updated Sep 22, 2026|Official source

Summary

If someone is convicted of a drug crime and it is a second or later conviction, the prison time can be twice what it would normally be, the fine can be twice what it would normally be, or both. If the crime is one covered by section 960(b) and it is a second or later conviction, the judge must also impose twice the usual time of supervised release, on top of any increased prison time and fine. A person is treated as having a second or later conviction only if, before committing the new crime, one or more earlier felony drug convictions had become final. The sentencing procedures in section 851 must be followed when applying these rules.

Full Legal Text

Title 21, §962

Food and Drugs, Source: USLM XML via OLRC

(a)Term of imprisonment and fine
Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offender’s second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized.
(b)Determination of status
For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final.
(c)Procedures applicable
section 851 of this title shall apply with respect to any proceeding to sentence a person under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–322 substituted “one or more prior convictions of such person for a felony drug offense have become final” for “one or more prior convictions of him for a felony under any provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final”. 1986—Subsec. (a). Pub. L. 99–570, § 1005(c), amended Pub. L. 98–473, § 225. See 1984 Amendment note below. Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”. 1984—Subsec. (a). Pub. L. 98–473, § 225(b), which directed amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an

Effective Date

note under section 3551 of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment of section 225 of Pub. L. 98–473 by Pub. L. 99–570, § 1005(c). Subsec. (b). Pub. L. 98–473, § 505, inserted references to laws of a State or of a foreign country.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by section 1004(a) of Pub. L. 99–570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99–570 set out as a note under section 841 of this title.

Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 962

Title 21, Food and Drugs

Last Updated

Sep 22, 2026

Release point: 119-110