Pub. L. 103-322, tit. XVIII, subtit. B, sec. 180201 (as amended)

DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.

Year: 2022Length: 442 wordsOfficial source
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS. (a) [21 U.S.C. 801 note] Short Title.—This section may be cited as the “Drug Free Truck Stop Act”. (b) Amendment to Controlled Substances Act.— (1) In general.—Part D of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 408 the following new section: “transportation safety offenses Sec. 409. (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— “(A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49, United States Code), 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 Offense.—A person who violates section 401(a)(1) or section 416 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— “(1) twice the maximum punishment authorized by section 401(b); and “(2) twice any term of supervised release authorized by section 401(b) for a first offense. “(c) Subsequent Offense.—A person who violates section 401(a)(1) or section 416 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— “(1) 3 times the maximum punishment authorized by section 401(b); and “(2) 3 times any term of supervised release authorized by section 401(b) for a first offense.” . (2) Technical amendments.— (A) Cross reference.—Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by inserting “409,” before “418,” each place it appears. (B) Table of contents.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking the item relating to section 409 and inserting the following new item:``Sec. 409. Transportation safety offenses.''. (c) [28 U.S.C. 994 note] Sentencing Guidelines.—Pursuant to its authority under section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide an appropriate enhancement of punishment for a defendant convicted of violating section 409 of the Controlled Substances Act, as added by subsection (b).
Cross-references to the US Code
21 U.S.C. 801 note28 U.S.C. 994 note
Pub. L. 103-322, tit. XVIII, subtit. B, sec. 180201 (as amended): DRUG FREE TRUCK STOPS AND SAFETY REST AREAS. | Justis AI