109th CONGRESS
1st Session
H. R. 48
To amend the Controlled Substances Act and the Controlled Substances
Import and Export Act with respect to penalties for powder cocaine and crack
cocaine offenses.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2005
Mr. BARTLETT of Maryland 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 and the Controlled Substances
Import and Export Act with respect to penalties for powder cocaine and crack
cocaine offenses.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Powder-Crack Cocaine Penalty Equalization Act
of 2005'.
SEC. 2. TRAFFICKING.
(a) 50-Gram Penalty- Section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended--
(1) in clause (ii), by striking `5 kilograms' and inserting `50 grams';
and
(2) by striking clause (iii).
(b) 5-Gram Penalty- Section 401(b)(1)(B) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(B)) is amended--
(1) in clause (ii), by striking `500 grams' and inserting `5 grams'; and
(2) by striking clause (iii).
SEC. 3. POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended
by striking `cocaine base' and inserting `any controlled substance described
in section 401(b)(1)(A)(ii)'.
SEC. 4. IMPORT AND EXPORT.
(a) 50-Gram Penalty- Section 1010(b)(1) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(1)) is amended--
(1) in subparagraph (B), by striking `5 kilograms' and inserting `50 grams';
and
(2) by striking subparagraph (C).
(b) 5-Gram Penalty- Section 1010(b)(2) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(2)) is amended--
(1) in subparagraph (B), by striking `500 grams' and inserting `5 grams';
and
(2) by striking subparagraph (C).
END
