Page:United States Statutes at Large Volume 98 Part 2.djvu/908

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2068

PUBLIC LAW 98-473—OCT. 12, 1984

"(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.". Controlled Substances Penalties Amendments Act of 1984. 21 USC 801 note.

21 USC 951.

CHAPTER V—DRUG ENFORCEMENT AMENDMENTS PART A—CONTROLLED SUBSTANCES PENALTIES

SEC. 501. This chapter may be cited as the "Controlled Substances Penalties Amendments Act of 1984". SEC. 502. Subsection (b) of section 401 of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (1) in paragraph (1), by— (A) redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, and inserting after "(1)" a new subparagraph to read as follows: "(A) In the case of a violation of subsection (a) of this section involving— "(i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of— "(I) coca leaves; "(II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or "(III) a substance chemically identical thereto; "(ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; "(iii) 500 grams or more of phencyclidine (PCP); or "(iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both"; (B) in subparagraph (B), as redesignated above, by— (i) striking out "which is a narcotic drug" in the first sentence and inserting in lieu thereof "except as provided in subparagraphs (A) and (C)," (ii) striking out "$25,000" and "$50,000" and inserting in lieu thereof "$125,000" and "$250,000", respectively; and (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country"; and ' (C) in subparagraph (C), as redesignated above, by— (i) striking out "a controlled substance in schedule I or II which is not a narcotic drug" and ", (5), and (6)" and inserting in lieu thereof "less than 50 kilograms of