I 111th CONGRESS 1st Session H. R. 18 IN THE HOUSE OF REPRESENTATIVES January 6, 2009 Mr. Bartlett 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.

1.

Short title

This Act may be cited as the Powder-Crack Cocaine Penalty Equalization Act of 2009.

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).

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).

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).