Code of the District of Columbia

§ 48–904.08. Second or subsequent offenses.

(a) Any person convicted under this chapter of a second or subsequent offense may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.

(b) For purposes of this section, an offense is considered a second or subsequent offense if, prior to commission of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a controlled substance.

(c) A person who is convicted of violating § 48-904.06 may be sentenced according to the provisions of § 48-904.06 or according to the provisions of this section, but not both.


(Aug. 5, 1981, D.C. Law 4-29, § 408, 28 DCR 3081; June 19, 2013, D.C. Law 19-320, § 301(f), 60 DCR 3390.)

Prior Codifications

1981 Ed., § 33-548.

Section References

This section is referenced in § 48-904.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-320 substituted “convicted under this chapter of a second or subsequent offense” for “convicted of a second or subsequent offense under this chapter” in (a); and substituted “a controlled substance” for “narcotic drugs, depressants, stimulants, or hallucinogenic drugs” in (b).

Emergency Legislation

For temporary amendment of section, see § 301(f) of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 301(f) of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).