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21 U.S.C. § 849Transportation safety offenses

submitted 32 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 270 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section increases punishment for distributing or possessing controlled substances near truck stops and safety rest areas. A first offense doubles the listed maximums, and a qualifying later offense triples them.

(a) Definitions. “Safety rest area” means a roadside facility with parking for motorists to rest or meet other needs. “Truck stop” means a facility, including an attached parking lot, that (A) can provide fuel or service, or both, to a commercial motor vehicle operating in commerce as those terms are defined in title 49, section 31301, and (B) is within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System. (b) First offense. Except as provided in subsection (b) [the supplied text contains this cross-reference], a person who violates section 841(a)(1) or section 856 by distributing or possessing with intent to distribute a controlled substance in, on, or within 1,000 feet of a truck stop or safety rest area is subject to (1) twice the maximum punishment authorized by section 841(b); and (2) twice any supervised-release term authorized by section 841(b) for a first offense. (c) Later offense. A person who commits the same conduct after one or more prior convictions under subsection (a) have become final is subject to (1) three times the maximum punishment authorized by section 841(b); and (2) three times the supervised-release term authorized by section 841(b) for a first offense.
the actual law source: uscode.house.gov ↗public domain

(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 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 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.

Source credit: (Pub. L. 91–513, title II, § 409, as added Pub. L. 103–322, title XVIII, § 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 91-513 · 108 Stat. 2046

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1994-09-13.

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