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Code · BILL · 113th Congress · S. 744 (Engrossed in Senate) — To provide for comprehensive immigration reform and for other purposes. · Sec. 3306

Sec. 3306. Enhanced penalties for certain drug offenses on Federal lands

421 words·~2 min read·/bill/113/s/744/es/section-3306·

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Section 401(b)(5) of the Controlled Substances Act ( 21 U.S.C. 841(b)(5) ) is amended by striking as provided in this subsection and inserting for not more than 10 years, in addition to any other term of imprisonment imposed under this subsection, . Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense— includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances on Federal property; creates a hazard to humans, wildlife, or domestic animals; degrades or harms the environment or natural resources; or pollutes an aquifer, spring, stream, river, or body of water.
Section 401(b) of the Controlled Substances Act is amended by adding at the end the following: Any person who violates subsection
(a)in a manner that diverts, redirects, obstructs, or drains an aquifer, spring, stream, river, or body of water or clear cuts timber while cultivating or manufacturing a controlled substance on Federal property shall be fined in accordance with title 18, United States Code. . Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels for above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance on Federal property. Section 401(d)(1) of the Controlled Substances Act ( 21 U.S.C. 841(d)(1) ) is amended by inserting cultivated, after is being . Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide an additional penalty increase of 2 offense levels above the sentence otherwise applicable for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the possession of a firearm while cultivating or manufacturing controlled substances on Federal lands.
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Sec. 3306
Enhanced penalties for certain drug offenses on Federal lands
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