21 USC § 962 - Second or subsequent offenses

---
identifier: "/us/usc/t21/s962"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 962 - Second or subsequent offenses"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "962"
section_name: "Second or subsequent offenses"
chapter_number: 13
chapter_name: "DRUG ABUSE PREVENTION AND CONTROL"
subchapter_number: "II"
subchapter_name: "IMPORT AND EXPORT"
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 III, § 1012, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 98–473, title II, §§ 225(b), 505, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(c), Oct. 27, 1986, 100 Stat. 3207–6; Pub. L. 103–322, title IX, § 90105(b), Sept. 13, 1994, 108 Stat. 1988.)"
---


# § 962. Second or subsequent offenses

**(a)** **Term of imprisonment and fine** section 960(b) of this title

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 , 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.

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**Source Credit**: (Pub. L. 91–513, title III, § 1012, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 98–473, title II, §§ 225(b), 505, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(c), Oct. 27, 1986, 100 Stat. 3207–6; Pub. L. 103–322, title IX, § 90105(b), Sept. 13, 1994, 108 Stat. 1988.)

## Editorial Notes

### Amendments

1994—Subsec. (b).  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). , amended . See 1984 Amendment note below.

, substituted “term of supervised release” for “special parole term”.

1984—Subsec. (a). , which directed amendment of this section effective  (see  set out as an Effective Date note under , Crimes and Criminal Procedure) was omitted in the general amendment of  by .

Subsec. (b). , inserted references to laws of a State or of a foreign country.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1986 Amendment

Amendment by  effective on date of taking effect of , Crimes and Criminal Procedure (), see  set out as a note under .

### Effective Date

Section effective on first day of seventh calendar month that begins after , see 1105(a) of , set out as a under .