[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 40 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 40

    To provide Federal sanctions for practitioners who administer, 
  dispense, or recommend the use of marihuana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Faircloth (for himself, Mr. Inhofe, and Mr. Helms) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide Federal sanctions for practitioners who administer, 
  dispense, or recommend the use of marihuana, 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 ``Drug Use Prevention Act of 1997''.

SEC. 2. DEFINITION OF ``RECOMMEND''.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following:
            ``(47) A practitioner will be deemed to have `recommended' 
        the use of marihuana if the practitioner offered advice, or 
        responded to a request for advice, suggesting the use of 
        marihuana while acting in the course of his or her professional 
        capacity.''.

SEC. 3. DENIAL OR REVOCATION OF REGISTRATION.

    (a) Denial of Registration.--Section 303(f) of the Controlled 
Substances Act (21 U.S.C. 823(f)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subclauses (I) through (V), respectively, and indenting 
        accordingly;
            (2) by striking ``(f) The Attorney General'' and inserting 
        the following:
    ``(f) Registration of Practitioners to Dispense or Conduct Research 
With Controlled Substances.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General'';
            (3) in the second sentence, by striking ``The Attorney'' 
        and inserting the following:
            ``(2) Denial of registration.--
                    ``(A) Discretionary denial of application.--
                            ``(i) In general.--The Attorney'';
            (4) in the third sentence, by striking ``In determining the 
        public interest'' and inserting the following:
                            ``(ii) Determination of public interest.--
                        In determining the public interest for purposes 
                        of clause (i)'';
            (5) in the undesignated paragraph following subclause (V), 
        as redesignated by paragraph (1) of this subsection, by 
        striking ``Separate registration'' and inserting the following:
            ``(3) Registration for research purposes.--Separate 
        registration''; and
            (6) by adding at the end of paragraph (2), as so designated 
        by paragraph (3) of this subsection, the following:
                    ``(B) Mandatory denial of application.--The 
                Attorney General shall deny an application for 
                registration under this subsection upon a finding by 
                the Attorney General that the applicant practitioner--
                            ``(i) administered, dispensed, or 
                        recommended the use of marihuana to an 
                        individual in violation of Federal or State 
                        law; or
                            ``(ii) has been excluded (or directed to be 
                        excluded) from participation in a program 
                        pursuant to section 1128(a)(5) of the Social 
                        Security Act (42 U.S.C. 1320a-7(a)(5)).''.
    (b) Revocation of Registration.--Section 304(a) of the Controlled 
Substances Act (21 U.S.C. 824(a)) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting accordingly;
                    (B) by striking ``(a) A registration'' and 
                inserting ``(a)(1) Subject to paragraph (3), a 
                registration''; and
                    (C) in the undesignated paragraph following 
                subparagraph (E), as redesignated, by striking ``A 
                registration'' and inserting the following:
            ``(2) Revocation of registration to dispense a narcotic 
        drug.--A registration'';
                and
            (2) by adding at the end the following:
            ``(3) Mandatory revocation of registration.--The Attorney 
        General shall revoke a registration described in paragraph (1) 
        upon a finding by the Attorney General that the registrant--
                    ``(A) administered, dispensed, or recommended the 
                use of marihuana to an individual in violation of 
                Federal or State law; or
                    ``(B) has been excluded (or directed to be 
                excluded) from participation in a program pursuant to 
                section 1128(a)(5) of the Social Security Act (42 
                U.S.C. 1320a-7(a)(5)).''.

SEC. 4. PROHIBITED ACTS RELATING TO MARIHUANA.

    Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) 
is amended--
            (1) in paragraph (3), by inserting before the semicolon ``, 
        including acquiring or obtaining possession of marihuana by 
        means of claiming a medical need, with the intent of selling or 
        distributing the marihuana'';
            (2) in paragraph (8), by striking ``or'' at the end;
            (3) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following:
            ``(10) if that person is a practitioner, to prescribe, 
        dispense, or recommend the use of marihuana.''.

SEC. 5. ENHANCED PENALTIES RELATING TO MARIHUANA.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended by adding at the end the following:
    ``(g) In addition to any other applicable penalty, any practitioner 
who violates this section by prescribing, dispensing, or recommending 
the use of marihuana to a person under 21 years of age shall be 
sentenced to a term of imprisonment of not more than 8 years, a fine of 
not more than $60,000, or both.''.

SEC. 6. EXCLUSION OF CERTAIN INDIVIDUALS AND ENTITIES FROM 
              PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS 
              FOR ILLEGALLY DISPENSING MARIHUANA.

    Section 1128(a) of the Social Security Act (42 U.S.C. 1320a-7(a)) 
is amended by adding at the end the following:
            ``(5)(A) Any person (including an organization, agency, or 
        other entity, but excluding a beneficiary, as defined in 
        subsection 1128A(i)(5)) that administers, dispenses, or 
        recommends the use of marihuana to an individual in violation 
        of a Federal or State law.
            ``(B) In this paragraph, the terms `administer', 
        `dispense', `recommend', and `marihuana' have the same meanings 
        as in section 102 of the Controlled Substances Act (21 U.S.C. 
        802)).''.
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