Source
(Pub. L. 91–513, title II, § 418, formerly § 405, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 98–473, title II, §§ 224(b),
503
(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a),
1005
(b)(1),
1105
(a), (b), Oct. 27, 1986, 100 Stat. 3207–6, 3207–11; Pub. L. 100–690, title VI, §§ 6452(b),
6455,
6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered § 418 and amended Pub. L. 101–647, title X, §§ 1002(a),
1003
(a), title XXXV, § 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
Codification
Section was classified to section
845 of this title prior to renumbering by
Pub. L. 101–647.
Amendments
1990—Subsec. (a).
Pub. L. 101–647, § 1003(a)(1), substituted “subject to (1) twice the maximum punishment authorized by section
841
(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to twice that authorized by section
841
(b) of this title”.
Pub. L. 101–647, § 1002(a)(2)(A), substituted “section
860” for “section
845a”.
Subsec. (b).
Pub. L. 101–647, § 3599L, substituted “has become final” for “have become final”.
Pub. L. 101–647, § 1003(a)(2), substituted “subject to (1) three times the maximum punishment authorized by section
841
(b) of this title” for “punishable by (1) a term of imprisonment, or a fine, or both, up to three times that authorized by section
841
(b) of this title”.
Pub. L. 101–647, § 1002(a)(2)(B), substituted “section
860” for “section
845a”.
1988—Subsec. (a).
Pub. L. 100–690, § 6455, inserted at end “The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana.”
Subsec. (b).
Pub. L. 100–690, § 6452(b), struck out “or subsequent” after “Second” in heading, and in text struck out “or convictions” after “a prior conviction”, and inserted at end “Penalties for third and subsequent convictions shall be governed by section
841
(b)(1)(A) of this title.”
Pub. L. 100–690, § 6456, struck out “The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”
1986—Subsec. (a).
Pub. L. 99–570, § 1105(a), inserted “Except to the extent a greater minimum sentence is otherwise provided by section
841
(b) of this title, a term of imprisonment under this subsection shall be not less than one year.”
Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.
Subsec. (b).
Pub. L. 99–570, § 1105(b), inserted “Except to the extent a greater minimum sentence is otherwise provided by section
841
(b) of this title, a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”
Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term”.
1984—Subsecs. (a), (b).
Pub. L. 98–473, § 503(b)(3), substituted “Except as provided in section
845a of this title, any” for “Any”.
Pub. L. 98–473, § 224(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 repealed by
Pub. L. 99–570, § 1005(b)(1).
Effective Date of 1986 Amendment
Amendment 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.