21 USC § 849 - Transportation safety offenses

---
identifier: "/us/usc/t21/s849"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 849 - Transportation safety offenses"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "849"
section_name: "Transportation safety offenses"
chapter_number: 13
chapter_name: "DRUG ABUSE PREVENTION AND CONTROL"
subchapter_number: "I"
subchapter_name: "CONTROL AND ENFORCEMENT"
part_number: "D"
part_name: "Offenses and Penalties"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# 2 Transportation safety offenses

So in original. Probably should refer to subsection (c).

So in original. Probably should refer to subsection (b).

(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—section 31301 of title 49

(A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in ), 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 offensesection 841(a)(1) of this titlesection 856 of this title[^1]

A person who violates  or  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—section 841(b) of this title

(1) twice the maximum punishment authorized by ; andsection 841(b) of this title

(2) twice any term of supervised release authorized by  for a first offense.

(c) Subsequent offensesection 841(a)(1) of this titlesection 856 of this title[^2]

A person who violates  or  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—section 841(b) of this title

(1) 3 times the maximum punishment authorized by ; andsection 841(b) of this title

(2) 3 times any term of supervised release authorized by  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.)

## Editorial Notes

### Prior Provisions

A prior section 849, , , ; , , , related to dangerous special drug offender sentencing, prior to repeal by , §§ 219(a), 235(a)(1), , , 2031, eff. , and applicable only to offenses committed after the taking effect of such repeal.