HR 1065
112th CONGRESS
1st Session
H. R. 1065
To amend the Controlled Substances Act to provide for increased penalties
for operators of pill mills, and for other purposes.
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.
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 `Pill Mill Crackdown Act of 2011'.
SEC. 2. 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.'.
SEC. 3. 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).'.
SEC. 4. 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'.
SEC. 5. 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).
SEC. 6. 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.'.
SEC. 7. 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) 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.'.
END
