Page:United States Statutes at Large Volume 100 Part 4.djvu/287

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-8

(2). redesignating subsections (n), (o), (p), (q), (r), (s), (t), (u), (v), and (w) as subsections (o), (p), (q), (r), (s), (t), (u), (v), (w), and (x), respectively. SEC. 1009. AMENDMENT TO PROCEDURE.

THE

FEDERAL

RULES

OF

CRIMINAL

(a) Rule 35(b) of the Federal Rules of Criminal Procedure is iSUSC app. amended by striking out "to the extent" and all that follows through the end and inserting in lieu thereof the following: "in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. The court's authority to lower a sentence under this subdivision includes the authority to lower such sentence to a level below that established by statute as a minimum sentence. (b) The amendment made by this section shall take effect on the Effective date, date of the taking effect of rule 350)) of the Federal Rules of ISUSC app. Criminal Procedure, as amended by section 215(b) of the Comprehensive Crime Control Act of 1984. Subtitle B—Drug Possession Penalty Act of 1986 SEC. 105L SHORT TITLE.

This subtitle may be cited as the "Drug Possession Penalty Act of 1986".

Drug Possession Penalty Act of 1986. 21 USC 801 note.

SEC. 1052. PENALTY FOR SIMPLE POSSESSION.

Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended to read as follows: PENALTY FOR SIMPLE POSSESSION

"SEC. 404. (a) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this title or title III. 21 USC 951. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000 but not more than $5,000, or both, except that if he commits such offense after a prior conviction under this title or title III, or a prior conviction for any drug or narcotic offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 but not more than $10,000, except, further, that if he commits such offense after two or more prior convictions under this title or title III, or two or more prior convictions for any drug or narcotic offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000 but not more than $25,000. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, United

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