Notes on 21 U.S.C. § 859 : US Code - Notes

Search Notes on 21 U.S.C. § 859 : US Code - Notes

(Pub. L. 91-513, title II, Sec. 418, formerly Sec. 405, Oct. 27,
1970, 84 Stat. 1265; Pub. L. 98-473, title II, Secs. 224(b),
503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570,
title I, Secs. 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986,
100 Stat. 3207-6, 3207-11; Pub. L. 100-690, title VI, Secs.
6452(b), 6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372;
renumbered Sec. 418 and amended Pub. L. 101-647, title X, Secs.
1002(a), 1003(a), title XXXV, Sec. 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, Sec. 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, Sec. 1002(a)(2)(A), substituted "section 860"
for "section 845a".
Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has become
final" for "have become final".
Pub. L. 101-647, Sec. 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, Sec. 1002(a)(2)(B), substituted "section 860"
for "section 845a".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
Subsec. (b). Pub. L. 99-570, Sec. 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, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 503(b)(3),
substituted "Except as provided in section 845a of this title, any"
for "Any".
Pub. L. 98-473, Sec. 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,
Sec. 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.