H.R. 1065 – Reading Mode

112th CONGRESS

1st Session

H. R. 1065

IN THE HOUSE OF REPRESENTATIVES

March 14, 2011

Mr. Buchanan (for himself, Mr. Rogers of Kentucky, Mr. Markey, Mrs. Bono Mack, Mr. Mica, Mr. Deutch, Mr. Diaz-Balart, Ms. Brown of Florida, Mr. Stutzman, Mr. Cooper, Ms. Richardson, Mr. Lynch, Mr. Miller of Florida, Mr. Berg, Mr. Nugent, Mr. Crenshaw, Mr. Wilson of South Carolina, Mr. Guthrie, Mr. Lewis of California, Ms. Wilson of Florida, Ms. Wasserman Schultz, Mr. Rivera, Mr. McNerney, Mr. Tipton, Mr. Rooney, Ms. Ros-Lehtinen, Ms. Edwards, Ms. Castor of Florida, Mr. Hastings of Florida, and Mr. West) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Controlled Substances Act to provide for increased penalties for operators of pill mills, and for other purposes.

Short title

This Act may be cited as the Pill Mill Crackdown Act of 2011.

Penalties for operation of a pill mill

Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following:

(8)

In the case of a violation of subsection (a) involving distribution of a controlled substance in schedule II or schedule III by the operator of a pill mill, such operator shall be imprisoned as provided in this subsection (except that the term of such imprisonment shall be double the term otherwise applicable), fined as provided in this subsection (except that such fine shall be in an amount triple the amount otherwise applicable), or both.

Distribution to persons under age twenty-one

Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by adding at the end the following:

(c)

Pill mill operators

In the case of a person who commits an offense punishable under section 401(b)(8), this section shall be applied by substituting thrice for twice in each of subsections (a) and (b).

Alternative fine not applicable to pill mill operators

Section 415 of the Controlled Substances Act (21 U.S.C. 855) is amended by striking In lieu of and inserting the following: Except in the case of an offense punishable under section 401(b)(8) or 418(c), in lieu of.

Sense of Congress regarding criminal forfeiture of the property of pill mill operators

It is the sense of Congress that an offense punishable under section 401(a)(8) of the Controlled Substances Act (21 U.S.C. 841(a)(8)) is a violation for which certain property is subject to forfeiture to the United States under section 413 of such Act (21 U.S.C. 853).

Use of certain forfeited property for the operations of the Office of National Drug Control Policy

Section 413(h) of the Controlled Substances Act (21 U.S.C. 853(h)) is amended by adding at the end the following: In the case of property ordered forfeited under this section by reason of a conviction for an offense punishable under section 401(b)(8) or 418(c), the proceeds from any disposition under this subsection of such property shall be used, in addition to amounts previously made available in appropriations Acts, for the programs under section 399O, 1911, and 1921 of the Public Health Service Act..

Transfer between schedules of certain substances

(a)

Schedule II in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the following:

(d)

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1)

Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(2)

Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(b)

Schedule III in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by striking the following:

(3)

Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(4)