Pub. L. 104-237, tit. II, sec. 203
INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION OF EQUIPMENT USED TO MAKE CONTROLLED SUBSTANCES.
SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION OF EQUIPMENT USED TO MAKE CONTROLLED SUBSTANCES. (a) In General.—Section 403(d) of the Controlled Substances Act (21 U.S.C. 843(d)) is amended— (1) by striking “(d) Any person” and inserting “(d)(1) Except as provided in paragraph (2), any person”; and (2) by adding at the end the following: “(2) Any person who, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a), shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more prior convictions of that person— “(A) for a violation of paragraph (6) or (7) of subsection (a); “(B) for a felony under any other provision of this subchapter or subchapter II of this chapter; or “(C) under any other law of the United States or any State relating to controlled substances or listed chemicals, has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $60,000, or both.”. (b) Sentencing Commission.—The United States Sentencing Commission shall amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of section 403(d)(2) of the Controlled Substances Act, as added by subsection (a), is treated as a significant violation.