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)).'. *********************************************************************** * Carl E. Olsen * [c--l] at [commonlink.net] * * Post Office Box 4091 * NORML News archived at: * * Des Moines, Iowa 50333 * http://www.calyx.com/~olsen/ * * (515) 262-6957 voice & fax * http://www.commonlink.com/~olsen/ * ***********************************************************************