Page:United States Statutes at Large Volume 98 Part 2.djvu/909

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2069

marihuana, 10 kilograms of hashish, or one kilogram of hashish oil" and "and (5)", respectively; (ii) striking out "$15,000" and "$30,000" and inserting in lieu thereof "$50,000" and "$100,000", 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"; (2) in paragraph (2), by— (A) striking out "$10,000" and "$20,000" and inserting in lieu thereof "$25,000" and "$50,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (3) in paragraph (3), by— (A) striking out "$5,000" and "$10,000" and inserting in lieu thereof "$10,000" and "$20,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (4) in paragraph (4), by striking out "(1)(B)" and inserting in lieu thereof "(1)(C)"; (5) by striking out paragraphs (5) and (6); (6) by adding at the end thereof the following: "(5) Notwithstanding paragraph (1), any person who violates subsection (a) by cultivating a controlled substance on Federal property shall be fined not more than— "(A) $500,000 if such person is an individual; and "(B) $1,000,000 if such person is not an individual.". SEC. 503. (a) Part D of the Controlled Substances Act is amended by adding after section 405 of the following new section: "DISTRIBUTION IN OR NEAR SCHOOLS

"SEC. 405A. (a) Any person who violates section 401(a)(1) by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school is (except as provided in subsection (b)) punishable (1) by a term of imprisonment, or fine, or both up to twice that authorized by section 841(b) of this title; and (2) at least twice any special parole term authorized by section 401(b) for a first offense involving the same controlled substance and schedule. "(b) Any person who violates section 401(a)(1) by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school after a prior conviction or convictions under subsection (a) have become final is punishable (1) by a term of imprisonment of not less than three years and not more than life imprisonment and (2) at least three times any special term authorized by section 401(b) for a second or subsequent offense involving the same controlled substance and schedule. "(c) In the case of any sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under subsection (b) shall not be eligible for parole under section 4202 of title 18 of the United States Code until the individual has served the minimum sentence required by such subsection.".

Penalties, 21 USC 845a. ^^ ^^^ ^'*Ante, p. 2068.

Ante, p. 2027.