I 111th CONGRESS 1st Session H. R. 2848 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.

1.

Short title

This Act may be cited as the High Potency Marihuana Sentencing Enhancement Act of 2009.

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. .