Sec. 401. Focusing the application of Federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the Federal Government and the States
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/bill/115/hr/4261/ih/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ) is amended by adding at the end the following: The penalties set forth in subparagraph
(A)of subsection (b)(1) apply only if— the type and quantity of the controlled or counterfeit substance violates subparagraph
(A)of subsection (b)(1); and the defendant was an organizer or leader of a drug trafficking organization. The penalties set forth in subparagraph
(B)of subsection (b)(1) apply only if— the type and quantity of the controlled or counterfeit substance violates subparagraph
(B)of subsection (b)(1); and the defendant was an organizer, leader, manager, or supervisor of a drug trafficking organization. The penalties set forth in subparagraph
(C)of subsection (b)(1) apply only if— the type and quantity of the controlled or counterfeit substance violates subparagraph (A), (B), or
(C)of subsection (b)(1); and the defendant was not a leader, organizer, manager, or supervisor of a drug trafficking organization. The penalties set forth in subsection (b)(1)(D) apply only if— the defendant’s conduct does not violate paragraphs
(1)through (3); the defendant’s role was not minor or minimal; and the defendant is not a leader, organizer, manager, or supervisor of or otherwise employed by a drug trafficking organization. The penalties set forth in section 404 of the Controlled Substances Act shall apply to prosecutions under this section if— the defendant's conduct does not violate paragraphs
(1)through (3); and the defendant’s role was minor or minimal. Notwithstanding subsection (b)(1)(D) or paragraph
(4)or
(5)of this subsection, any person who violates subsection
(a)of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section 404 of the Controlled Substances Act and section 3607 of title 18, United States Code. . Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— so that paragraph
(4)reads as follows: In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil, such person shall, except as provided in paragraphs
(4)and
(5)of section 401(b), be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000, if the defendant is an individual or $1,000,000 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 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, United States Code, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment. ; and so that paragraph
(5)reads as follows: In the case of a violation of subsection
(a)involving a controlled substance in schedule III, such person shall be sentenced in accordance with paragraphs
(1)through
(4)of this subsection and subsection (e). . Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended by adding at the end the following: The penalties set forth in paragraph
(1)of subsection
(b)apply only if— type and quantity of the controlled or counterfeit substance violates paragraph
(1)of subsection (b); and the defendant was an organizer or leader of a drug trafficking organization. The penalties set forth in paragraph
(2)of subsection
(b)apply only if— the type and quantity of the controlled or counterfeit substance violates paragraph
(2)of subsection (b); and the defendant was an organizer, leader, manager, or supervisor of a drug trafficking organization. The penalties set forth in paragraph
(3)of subsection
(b)apply only if— the type and quantity of the controlled or counterfeit substance violates paragraph (1), (2), or
(3)of subsection (b); and the defendant was not a leader, organizer, manager, or supervisor of a drug trafficking organization. The penalties set forth in paragraph
(4)of subsection
(b)apply only if— the defendant’s conduct does not violate paragraphs
(1)through (3); the defendant’s role was not minor or minimal; and the defendant is not a leader, organizer, manager, or supervisor of or otherwise employed by a drug trafficking organization. The penalties set forth in section 404 of the Controlled Substances Act shall apply to prosecutions under section 1010(b) of this Act if— the defendant’s conduct does not violate paragraphs
(1)through (3); and the defendant’s role was minor or minimal. Notwithstanding paragraph
(4)of subsection
(b)or paragraph
(4)or
(5)of this subsection, whoever violates subsection
(a)of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section 404 of the Controlled Substances Act and section 3607 of title 18, United States Code. . Section 102 of the Controlled Substances Act is amended by adding at the end the following: The term participant means a person who is criminally responsible for the commission of the offense, and does not include a law enforcement officer or a person acting on behalf of law enforcement. The term organizer or leader means a person who, over a significant period of time— exercised primary decision-making authority over the most significant aspects of the criminal activity; engaged in significant planning of the acquisition or distribution of large quantities of drugs or sums of money for the initiation and commission of the offense; recruited and paid accomplices; delegated tasks to other participants on a regular basis; received a significantly larger share of the proceeds of the criminal activity than other participants; and exercised supervisory control or authority over at least four other participants in the criminal activity who meet the definition of manager or supervisor in subsection (d)(3) over a substantial period of time. The term manager or supervisor means a person who, over a significant period of time— exercised some decision-making authority over significant aspects of the criminal activity; received a larger share of the proceeds of the criminal activity than most other participants; and provided ongoing, day-to-day supervision of, or specialized training to, at least four other participants over a substantial period of time. When used with regards to a defendant’s role in the offense, the term minor means the person was not a manager, supervisor, organizer, or leader, and, in comparison with those in the offense who played such roles— exercised little decision-making authority over aspects of the criminal activity; had little or no knowledge of the scope, extent, and inner workings of the criminal activity; received small shares of the proceeds of the criminal activity; or was involved in the offense for a short period of time or in a sporadic manner over a long period of time. When used with regards to a defendant’s role in the offense, the term minimal means the person was not a manager, supervisor, organizer, or leader, and the person’s involvement in the crime was less substantial than that of a person playing a minor role. . Section 401 of the Controlled Substances Act is amended by adding at the end, as amended by section 401(a) of this Act: The penalties set forth in subsections
(b)and
(i)of this section shall apply to any provision of law for which the penalties are derived from this section. . Section 1010 of the Controlled Substances Import and Export Act is amended by adding at the end, as amended by section 401(c) of this Act: The penalties set forth in subsections
(b)and
(e)of this section shall apply to any provision of law for which the penalties are derived from this section.
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Sec. 401
Focusing the application of Federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the Federal Government and the States
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