[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2848 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2848

  To amend the Controlled Substances Act with regard to penalties for 
     trafficking in high potency marihuana, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2009

   Mr. Kirk 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 with regard to penalties for 
     trafficking in high potency 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 ``High Potency Marihuana Sentencing 
Enhancement Act of 2009''.

SEC. 2. HIGH POTENCY MARIHUANA TRAFFICKING PENALITES.

    Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) 
is amended by adding at the end the following:
            ``(8)(A) Unless a higher penalty is otherwise provided in 
        this Act, in the case of a violation of subsection (a) 
        involving high potency marihuana such person shall be sentenced 
        to a term of imprisonment of not more than 25 years and if 
        death or serious bodily injury result shall be sentenced to a 
        term of imprisonment of not less than 20 years or more than 
        life, a fine not to exceed the greater of that provided in 
        title 18, United States Code, or $1,000,000 if the defendant is 
        an individual or $5,000,000 if the defendant is other than an 
        individual, or both. If any person commits such a violation 
        after a prior conviction for a felony drug offense has become 
        final, such person shall be sentenced to a term of imprisonment 
        of not more than 35 years, and if death or serious bodily 
        injury result from the use of such substance shall be sentenced 
        to life imprisonment, a fine not the exceed the greater of that 
        provided in title 18, United States Code, or $2,000,000 if the 
        defendant is an individual or $10,000,000 if the defendant is 
        other than an individual, or both. Notwithstanding any other 
        provision of law, the court shall not place on probation or 
        suspend the sentence of any person sentenced under the 
        provisions of this subparagraph which provide for a mandatory 
        term of imprisonment.
            ``(B) In this paragraph, the term `high potency marihuana' 
        means marihuana with a Tetrahydrocannabinol content of 15 
        percent or more.''.
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