Date: Sun, 09 Feb 1997 09:04:44 -0600
To: [iowanor m l] at [commonlink.com]
From: "Carl E. Olsen" <[c--l] at [commonlink.net]>
Subject: ftp://ftp.loc.gov/pub/thomas/c105/s40.is.txt
ftp://ftp.loc.gov/pub/thomas/c105/s40.is.txt
FILE s40.is
S 40 IS
105th CONGRESS
1st Session
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.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
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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