[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1760 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1760

    To amend the Controlled Substances Act to provide for increased 
     penalties for operators of pill mills, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2011

 Mr. Manchin (for himself and Mr. Kirk) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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. DEFINITIONS.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following:
            ``(57) The term `pill mill' includes a doctor's office, 
        clinic, or health care facility that--
                    ``(A) routinely prescribes or dispenses controlled 
                substances outside the scope of the prevailing 
                standards of medical practice in the community in 
                relation to the prescribing or dispensing of controlled 
                prescription drugs; or
                    ``(B) routinely violates this Act in relation to 
                the prescribing or dispensing of controlled 
                prescription drugs.
            ``(58) The term `operator of a pill mill' includes--
                    ``(A) any practicing physician affiliated with a 
                pill mill; or
                    ``(B) any owner, director, officer, or partner of a 
                pill mill.''.

SEC. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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.''.
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