II 

Calendar No. 617 

110TH CONGRESS 

2D SESSION S. 980 

To amend the Controlled Substances Act to address online pharmacies. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2007 

Mrs. FEINSTEIN (for herself, Mr. SESSIONS, Mr. BIDEN, Mr. COLEMAN, Mr. 

LEAHY, and Mr. CORNYN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

MARCH 12, 2008 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Controlled Substances Act to address online 

pharmacies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Online Pharmacy Con5 sumer Protection Act of 2007’’. 


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1 SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

2 ACT RELATING TO THE DELIVERY OF CON3 TROLLED SUBSTANCES BY MEANS OF THE 

4 INTERNET. 

5 (a) IN GENERAL.—Section 102 of the Controlled 

6 Substances Act (21 U.S.C. 802) is amended by adding at 

7 the end the following: 

8 ‘‘(47) The term ‘Internet’ means collectively the 

9 myriad of computer and telecommunications facili10 ties, including equipment and operating software, 

11 which comprise the interconnected worldwide net12 work of networks that employ the Transmission 

13 Control Protocol/Internet Protocol, or any prede14 cessor or successor protocol to such protocol, to com15 municate information of all kinds by wire or radio. 

16 ‘‘(48) The term ‘deliver, distribute, or dispense 

17 by means of the Internet’ refers, respectively, to any 

18 delivery, distribution, or dispensing of a controlled 

19 substance that is caused or facilitated by means of 

20 the Internet. 

21 ‘‘(49) The term ‘online pharmacy’— 

22 ‘‘(A) means a person, entity, or Internet 

23 site, whether in the United States or abroad, 

24 that delivers, distributes, or dispenses, or offers 

25 to deliver, distribute, or dispense, a controlled 

26 substance by means of the Internet; and 


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1 ‘‘(B) does not include— 

2 ‘‘(i) manufacturers or distributors 

3 registered under subsection (a), (b), (c), or 

4 (d) of section 303 who do not dispense 

5 controlled substances; 

6 ‘‘(ii) nonpharmacy practitioners who 

7 are registered under section 303(f); 

8 ‘‘(iii) mere advertisements that do not 

9 attempt to facilitate an actual transaction 

10 involving a controlled substance; or 

11 ‘‘(iv) a person, entity, or Internet site 

12 which is not in the United States and does 

13 not facilitate the delivery, distribution, or 

14 dispensing of a controlled substance by 

15 means of the Internet to any person in the 

16 United States. 

17 ‘‘(50) The term ‘homepage’ means the first 

18 page of the website of an online pharmacy that is 

19 viewable on the Internet.’’. 

20 (b) REGISTRATION REQUIREMENTS.—Section 303 of 

21 the Controlled Substances Act (21 U.S.C. 823) is amend22 ed by adding at the end the following new subsection: 

23 ‘‘(i) DISPENSER OF CONTROLLED SUBSTANCES BY

24 MEANS OF THE INTERNET.—(1) A pharmacy that seeks 

25 to deliver, distribute, or dispense by means of the Internet 


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1 a controlled substance shall obtain a registration specifi2 cally authorizing such activity, in accordance with regula3 tions promulgated by the Attorney General. In deter4 mining whether to grant an application for such registra5 tion, the Attorney General shall apply the factors set forth 

6 in subsection (f). 

7 ‘‘(2) Registration under this subsection shall be in 

8 addition to, and not in lieu of, registration under sub9 section (f). 

10 ‘‘(3) This subsection does not apply to pharmacies 

11 that merely advertise by means of the Internet but do not 

12 attempt to facilitate an actual transaction involving a con13 trolled substance by means of the Internet.’’. 

14 (c) REPORTING REQUIREMENTS.—Section 307(d) of 

15 the Controlled Substances Act (21 U.S.C. 827(d)) is 

16 amended by— 

17 (1) designating the text as paragraph (1); and 

18 (2) inserting after paragraph (1), as so des19 ignated by this Act, the following new paragraph: 

20 ‘‘(2) A pharmacy registered under section 303(i) shall 

21 report to the Attorney General the controlled substances 

22 dispensed under such registration, in such manner and ac23 companied by such information as the Attorney General 

24 by regulation shall require.’’. 


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1 (d) ONLINE PRESCRIPTION REQUIREMENT.—Section 

2 309 of the Controlled Substances Act (21 U.S.C. 829) is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(e) CONTROLLED SUBSTANCES DISPENSED BY

6 MEANS OF THE INTERNET.—(1) As used in this sub7 section— 

8 ‘‘(A) the term ‘valid prescription’ means a pre9 scription that is issued for a legitimate medical pur10 pose in the usual course of professional practice that 

11 is based upon a qualifying medical relationship by a 

12 practitioner registered by the Attorney General 

13 under this part; 

14 ‘‘(B) the term ‘qualifying medical relation15 ship’— 

16 ‘‘(i) means a medical relationship that ex17 ists when the practitioner— 

18 ‘‘(I) has conducted at least one med19 ical evaluation with the user in the phys20 ical presence of the practitioner, without 

21 regard to whether portions of the evalua22 tion are conducted by other health profes23 sionals; or 

24 ‘‘(II) conducts a medical evaluation of 

25 the patient as a covering practitioner and 


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1 is not prescribing a controlled substance in 

2 schedule II, III, or IV; and 

3 ‘‘(ii) shall not be construed to imply that 

4 one medical evaluation described in clause (i) 

5 demonstrates that a prescription has been 

6 issued for a legitimate medical purpose within 

7 the usual course of professional practice; and 

8 ‘‘(C) the term ‘covering practitioner’ means, 

9 with respect to a patient, a practitioner who con10 ducts a medical evaluation, without regard to wheth11 er the medical evaluation of the patient involved is 

12 an in-person evaluation, at the request of a practi13 tioner who has conducted at least one in-person 

14 medical evaluation of the patient and is temporarily 

15 unavailable to conduct the evaluation of the patient. 

16 ‘‘(2) In addition to the requirements of subsections 

17 (a) through (c), no controlled substance may be delivered, 

18 distributed, or dispensed by means of the Internet without 

19 a valid prescription. 

20 ‘‘(3) Nothing in this subsection shall apply to— 

21 ‘‘(A) the dispensing of a controlled substance 

22 pursuant to telemedicine practices sponsored by— 

23 ‘‘(i) a hospital that has in effect a provider 

24 agreement under title XVIII of the Social Secu25 rity Act; or 


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1 ‘‘(ii) a group practice that has not fewer 

2 than 100 physicians who have in effect provider 

3 agreements under such title; or 

4 ‘‘(B) the dispensing or selling of a controlled 

5 substance pursuant to practices as determined by 

6 the Attorney General by regulation.’’. 

7 (e) ONLINE PRESCRIPTION REQUIREMENTS.—The 

8 Controlled Substances Act is amended by adding after sec9 tion 310 (21 U.S.C. 830) the following: 

10 ‘‘ONLINE PHARMACY LICENSING AND DISCLOSURE

11 REQUIREMENTS

12 ‘‘SEC. 311. (a) IN GENERAL.—An online pharmacy 

13 shall display in a visible and clear manner on its homepage 

14 a statement that it complies with the requirements of this 

15 section with respect to the delivery or sale or offer for sale 

16 of controlled substances and shall at all times display on 

17 the homepage of its Internet site a declaration of compli18 ance in accordance with this section. 

19 ‘‘(b) LICENSURE.—Each online pharmacy shall com20 ply with the requirements of State law concerning the li21 censure of pharmacies in each State from which it, and 

22 in each State to which it, delivers, distributes, or dispenses 

23 or offers to deliver, distribute, or dispense controlled sub24 stances by means of the Internet. 

25 ‘‘(c) COMPLIANCE.—No online pharmacy or practi26 tioner shall deliver, distribute, or dispense by means of the 


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1 Internet a controlled substance without a valid prescrip2 tion (as defined in section 309(e)) and each online phar3 macy shall comply with all applicable requirements of Fed4 eral and State law. 

5 ‘‘(d) INTERNET SITE DISCLOSURE INFORMATION.— 

6 Each online pharmacy site shall post in a visible and clear 

7 manner on the homepage of its Internet site or on a page 

8 directly linked from its homepage the following: 

9 ‘‘(1) The name of the owner, street address of 

10 the online pharmacy’s principal place of business, 

11 telephone number, and email address. 

12 ‘‘(2) A list of the States in which the online 

13 pharmacy, and any pharmacy which dispenses, deliv14 ers, or distributes a controlled substance on behalf 

15 of the online pharmacy, is licensed to dispense con16 trolled substances or prescription drugs and any ap17 plicable license number. 

18 ‘‘(3) For each pharmacy identified on its license 

19 in each State in which it is licensed to engage in the 

20 practice of pharmacy and for each pharmacy which 

21 dispenses or ships controlled substances on behalf of 

22 the online pharmacy: 

23 ‘‘(A) The name of the pharmacy. 

24 ‘‘(B) The street address of the pharmacy. 


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1 ‘‘(C) The name, professional degree, and 

2 licensure of the pharmacist-in-charge. 

3 ‘‘(D) The telephone number at which the 

4 pharmacist-in-charge can be contacted. 

5 ‘‘(E) A certification that each pharmacy 

6 which dispenses or ships controlled substances 

7 on behalf of the online pharmacy is registered 

8 under this part to deliver, distribute, or dis9 pense by means of the Internet controlled sub10 stances. 

11 ‘‘(4) The name, address, professional degree, 

12 and licensure of practitioners who provide medical 

13 consultations through the website for the purpose of 

14 providing prescriptions. 

15 ‘‘(5) A telephone number or numbers at which 

16 the practitioners described in paragraph (4) may be 

17 contacted. 

18 ‘‘(6) The following statement, unless revised by 

19 the Attorney General by regulation: ‘This online 

20 pharmacy will only dispense a controlled substance 

21 to a person who has a valid prescription issued for 

22 a legitimate medical purpose based upon a medical 

23 relationship with a prescribing practitioner, which 

24 includes at least one prior in-person medical evalua25 tion. This online pharmacy complies with section 


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1 309(e) of the Controlled Substances Act (21 U.S.C. 

2 829(e)).’. 

3 ‘‘(e) NOTIFICATION.—(1) Thirty days prior to offer4 ing a controlled substance for sale, delivery, distribution, 

5 or dispensing, the online pharmacy shall notify the Attor6 ney General, in the form and manner as the Attorney Gen7 eral shall determine, and the State boards of pharmacy 

8 in any States in which the online pharmacy offers to sell, 

9 deliver, distribute, or dispense controlled substances. 

10 ‘‘(2) The notification required under paragraph (1) 

11 shall include— 

12 ‘‘(A) the information required to be posted on 

13 the online pharmacy’s Internet site under subsection 

14 (d) and shall notify the Attorney General and the 

15 applicable State boards of pharmacy, under penalty 

16 of perjury, that the information disclosed on its 

17 Internet site under to subsection (d) is true and ac18 curate; 

19 ‘‘(B) the online pharmacy’s Internet site ad20 dress and a certification that the online pharmacy 

21 shall notify the Attorney General of any change in 

22 the address at least 30 days in advance; and 

23 ‘‘(C) the Drug Enforcement Administration 

24 registration numbers of any pharmacies and practi25 tioners referred to in subsection (d), as applicable. 


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1 ‘‘(3) An online pharmacy that is already operational 

2 as of the effective date of this section, shall notify the At3 torney General and applicable State boards of pharmacy 

4 in accordance with this subsection not later than 30 days 

5 after the effective date of this section. 

6 ‘‘(f) DECLARATION OF COMPLIANCE.—On and after 

7 the date on which it makes the notification under sub8 section (e), each online pharmacy shall display on the 

9 homepage of its Internet site, in such form as the Attorney 

10 General shall by regulation require, a declaration that it 

11 has made such notification to the Attorney General. 

12 ‘‘(g) REPORTS.—Any statement, declaration, notifi13 cation, or disclosure required under this section shall be 

14 considered a report required to be kept under this part.’’. 

15 (f) OFFENSES INVOLVING CONTROLLED SUB16 STANCES IN SCHEDULES III, IV, AND V.—Section 401(b) 

17 of the Controlled Substances Act (21 U.S.C. 841(b)) is 

18 amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (C), by striking ‘‘1 

21 gram of’’ before ‘‘flunitrazepam’’; 

22 (B) in subparagraph (D), by striking ‘‘or 

23 in the case of any controlled substance in 

24 schedule III (other than gamma hydroxybutyric 

25 acid), or 30 milligrams of flunitrazepam’’; and 


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1 (C) by inserting at the end the following: 

2 ‘‘(E)(i) In the case of any controlled substance 

3 in schedule III, such person shall be sentenced to a 

4 term of imprisonment of not more than 10 years 

5 and if death or serious bodily injury results from the 

6 use of such substance shall be sentenced to a term 

7 of imprisonment of not more than 20 years, a fine 

8 not to exceed the greater of that authorized in ac9 cordance with the provisions of title 18, or $500,000 

10 if the defendant is an individual or $2,500,000 if the 

11 defendant is other than an individual, or both. 

12 ‘‘(ii) If any person commits such a violation 

13 after a prior conviction for a felony drug offense has 

14 become final, such person shall be sentenced to a 

15 term of imprisonment of not more than 20 years 

16 and if death or serious bodily injury results from the 

17 use of such substance shall be sentenced to a term 

18 of imprisonment of not more than 30 years, a fine 

19 not to exceed the greater of twice that authorized in 

20 accordance with the provisions of title 18, or 

21 $1,000,000 if the defendant is an individual or 

22 $5,000,000 if the defendant is other than an indi23 vidual, or both. 

24 ‘‘(iii) Any sentence imposing a term of impris25 onment under this subparagraph shall, in the abVerDate Aug 31 2005 01:53 Mar 13, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S980.RS S980

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1 sence of such a prior conviction, impose a term of 

2 supervised release of at least 2 years in addition to 

3 such term of imprisonment and shall, if there was 

4 such a prior conviction, impose a term of supervised 

5 release of at least 4 years in addition to such term 

6 of imprisonment’’; 

7 (2) in paragraph (2) by— 

8 (A) striking ‘‘3 years’’ and inserting ‘‘5 

9 years’’; 

10 (B) striking ‘‘6 years’’ and inserting ‘‘10 

11 years’’; 

12 (C) striking ‘‘after one or more prior con13 victions’’ and all that follows through ‘‘have be14 come final,’’ and inserting ‘‘after a prior convic15 tion for a felony drug offense has become 

16 final,’’; and 

17 (3) in paragraph (3) by— 

18 (A) striking ‘‘2 years’’ and inserting ‘‘6 

19 years’’; 

20 (B) striking ‘‘after one or more convic21 tions’’ and all that follows through ‘‘have be22 come final,’’ and inserting ‘‘after a prior convic23 tion for a felony drug offense has become 

24 final,’’; and 


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1 (C) adding at the end the following ‘‘Any 

2 sentence imposing a term of imprisonment 

3 under this paragraph may, if there was a prior 

4 conviction, impose a term of supervised release 

5 of not more than 1 year, in addition to such 

6 term of imprisonment.’’ 

7 (g) OFFENSES INVOLVING DISPENSING OF CON8 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

9 Section 401 of the Controlled Substances Act (21 U.S.C. 

10 841) is amended by adding at the end the following: 

11 ‘‘(g) OFFENSES INVOLVING DISPENSING OF CON12 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

13 (1) Except as authorized by this title, it shall be unlawful 

14 for any person to knowingly or intentionally cause or fa15 cilitate the delivery, distribution, or dispensing by means 

16 of the Internet of a controlled substance. 

17 ‘‘(2) Violations of this subsection include— 

18 ‘‘(A) delivering, distributing, or dispensing a 

19 controlled substance by means of the Internet by a 

20 pharmacy not registered under section 303(i); 

21 ‘‘(B) writing a prescription for a controlled sub22 stance for the purpose of delivery, distribution, or 

23 dispensation by means of the Internet in violation of 

24 subsection 309(e); 


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1 ‘‘(C) serving as an agent, intermediary, or other 

2 entity that causes the Internet to be used to bring 

3 together a buyer and seller to engage in the dis4 pensing of a controlled substance in a manner not 

5 authorized by sections 303(i) or 309(e); and 

6 ‘‘(D) making a material false, fictitious, or 

7 fraudulent statement or representation in the sub8 mission to the Attorney General under section 311. 

9 ‘‘(3) This subsection does not apply to— 

10 ‘‘(A) the delivery, distribution, or dispensation 

11 of controlled substances by nonpractitioners to the 

12 extent authorized by their registration under this 

13 title; 

14 ‘‘(B) the placement on the Internet of material 

15 that merely advocates the use of a controlled sub16 stance or includes pricing information without at17 tempting to propose or facilitate an actual trans18 action involving a controlled substance; or 

19 ‘‘(C) any activity that is limited to— 

20 ‘‘(i) the provision of a telecommunications 

21 service, or of an Internet access service or 

22 Internet information location tool (as those 

23 terms are defined in section 231 of the Commu24 nications Act of 1934 (47 U.S.C. 231)); or 


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1 ‘‘(ii) the transmission, storage, retrieval, 

2 hosting, formatting, or translation (or any com3 bination thereof) of a communication, without 

4 selection or alteration of the content of the 

5 communication, except that deletion of a par6 ticular communication or material made by an7 other person in a manner consistent with sec8 tion 230(c) of the Communications Act of 1934 

9 (47 U.S.C. 230(c)) shall not constitute such se10 lection or alteration of the content of the com11 munication. 

12 ‘‘(4) Any person who knowingly or intentionally vio13 lates this subsection shall be sentenced in accordance with 

14 subsection (b) of this section.’’. 

15 (h) PUBLICATION.—Section 403(c) of the Controlled 

16 Substances Act (21 U.S.C. 843(c)) is amended by— 

17 (1) designating the text as paragraph (1); and 

18 (2) adding at the end the following: 

19 ‘‘(2)(A) It shall be unlawful for any person to use 

20 the Internet, or cause the Internet to be used, to advertise 

21 the sale of, or to offer to sell, distribute, or dispense, a 

22 controlled substance except as authorized by this title. 

23 ‘‘(B) Violations of this paragraph include causing the 

24 placement on the Internet of an advertisement that refers 

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1 trolled substances who are not registered under section 

2 303(i). 

3 ‘‘(C) This paragraph does not apply to material that 

4 either— 

5 ‘‘(i) advertises the distribution of controlled 

6 substances by nonpractitioners to the extent author7 ized by their registration under this title; or 

8 ‘‘(ii) merely advocates the use of a controlled 

9 substance or includes pricing information without at10 tempting to facilitate an actual transaction involving 

11 a controlled substance.’’. 

12 (i) INJUNCTIVE RELIEF.—Section 512 of the Con13 trolled Substances Act (21 U.S.C. 882) is amended by 

14 adding to the end of the section the following new sub15 section: 

16 ‘‘(c) STATE CAUSE OF ACTION PERTAINING TO ON17 LINE PHARMACIES.—(1) In any case in which the State 

18 has reason to believe that an interest of the residents of 

19 that State has been or is being threatened or adversely 

20 affected by the action of a person, entity, or Internet site 

21 that violates the provisions of section 303(i), 309(e), or 

22 311, the State may bring a civil action on behalf of such 

23 residents in a district court of the United States with ap24 propriate jurisdiction— 


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1 ‘‘(A) to enjoin the conduct which violates this 

2 section; 

3 ‘‘(B) to enforce compliance with this section; 

4 ‘‘(C) to obtain damages, restitution, or other 

5 compensation, including civil penalties under section 

6 402(b); and 

7 ‘‘(D) to obtain such other legal or equitable re8 lief as the court may find appropriate. 

9 ‘‘(2)(A) Prior to filing a complaint under paragraph 

10 (1), the State shall serve a copy of the complaint upon 

11 the Attorney General and upon the United States Attor12 ney for the judicial district in which the complaint is to 

13 be filed. In any case where such prior service is not fea14 sible, the State shall serve the complaint on the Attorney 

15 General and the appropriate United States Attorney on 

16 the same day that the State’s complaint is filed in Federal 

17 district court of the United States. Such proceedings shall 

18 be independent of, and not in lieu of, criminal prosecutions 

19 or any other proceedings under this title or any other laws 

20 of the United States. 

21 ‘‘(B)(i) Not later than 120 days after the later of the 

22 date on which a State’s complaint is served on the Attor23 ney General and the appropriate United States Attorney, 

24 or the date on which the complaint is filed, the United 


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1 States shall have the right to intervene as a party in any 

2 action filed by a State under paragraph (1). 

3 ‘‘(ii) After the 120-day period described in clause (i) 

4 has elapsed, the United States may, for good cause shown, 

5 intervene as a party in an action filed by a State under 

6 paragraph (1). 

7 ‘‘(iii) Notice and an opportunity to be heard with re8 spect to intervention shall be afforded the State that filed 

9 the original complaint in any action in which the United 

10 States files a complaint in intervention under clause (i) 

11 or a motion to intervene under clause (ii). 

12 ‘‘(iv) The United States may file a petition for appeal 

13 of a judicial determination in any action filed by a State 

14 under this section. 

15 ‘‘(C) Service of a State’s complaint on the United 

16 States as required in this paragraph shall be made in ac17 cord with the requirements of Federal Rule of Civil Proce18 dure 4(i)(1). 

19 ‘‘(3) For purposes of bringing any civil action under 

20 paragraph (1), nothing in this Act shall prevent an attor21 ney general of a State from exercising the powers con22 ferred on the attorney general of a State by the laws of 

23 such State to conduct investigations or to administer oaths 

24 or affirmations or to compel the attendance of witnesses 

25 of or the production of documentary or other evidence. 


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1 ‘‘(4) Any civil action brought under paragraph (1) in 

2 a district court of the United States may be brought in 

3 the district in which the defendant is found, is an inhab4 itant, or transacts business or wherever venue is proper 

5 under section 1391 of title 28, United States Code. Proc6 ess in such action may be served in any district in which 

7 the defendant is an inhabitant or in which the defendant 

8 may be found. 

9 ‘‘(5) No private right of action is created under this 

10 subsection.’’. 

11 (j) FORFEITURE OF FACILITATING PROPERTY IN

12 DRUG CASES.—Section 511(a)(4) of the Controlled Sub13 stances Act (21 U.S.C. 881(a)(4)) is amended to read as 

14 follows: 

15 ‘‘(4) Any property, real or personal, tangible or 

16 intangible, used or intended to be used to commit, 

17 or to facilitate the commission, of a violation of this 

18 title or title III, and any property traceable there19 to.’’. 

20 (k) IMPORT AND EXPORT ACT.—Section 1010(b) of 

21 the Controlled Substances Import and Export Act (21 

22 U.S.C. 960(b)) is amended— 

23 (1) in paragraph (4) by— 

24 (A) striking ‘‘or any quantity of a con25 trolled substance in schedule III, IV, or V, (exVerDate Aug 31 2005 01:53 Mar 13, 2008 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S980.RS S980

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1 cept a violation involving flunitrazepam and ex2 cept a violation involving gamma hydroxy3 butyric acid)’’; 

4 (B) inserting ‘‘, or’’ before ‘‘less than one 

5 kilogram of hashish oil’’; and 

6 (C) striking ‘‘imprisoned’’ and all that fol7 lows through the end of the paragraph and in8 serting ‘‘sentenced in accordance with section 

9 401(b)(1)(D) of this title (21 U.S.C. 

10 841(b)(1)(E)).’’; 

11 (2) by adding at the end the following: 

12 ‘‘(5) In the case of a violation of subsection (a) of 

13 this section involving a controlled substance in schedule 

14 III, such person shall be sentenced in accordance with sec15 tion 401(b)(1)(E). 

16 ‘‘(6) In the case of a violation of subsection (a) of 

17 this section involving a controlled substance in schedule 

18 IV (except a violation involving flunitrazepam), such per19 son shall be sentenced in accordance with section 

20 401(b)(2). 

21 ‘‘(7) In the case of a violation of subsection (a) of 

22 this section involving a controlled substance in schedule 

23 V, such person shall be sentenced in accordance with sec24 tion 401(b)(3).’’; and 


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1 (3) in paragraph (3), by striking ‘‘, nor shall a 

2 person so sentenced be eligible for parole during the 

3 term of such a sentence’’ in the final sentence. 

4 (l) EFFECTIVE DATE.—The amendments made by 

5 this Act shall become effective 60 days after the date of 

6 enactment of this Act. 

7 (m) GUIDELINES AND REGULATIONS.— 

8 (1) IN GENERAL.—The Attorney General may 

9 promulgate and enforce any rules, regulations, and 

10 procedures which may be necessary and appropriate 

11 for the efficient execution of functions under this 

12 subtitle, including any interim rules necessary for 

13 the immediate implementation of this Act, on its ef14 fective date. 

15 (2) SENTENCING GUIDELINES.—The United 

16 States Sentencing Commission, in determining 

17 whether to amend, or establish new, guidelines or 

18 policy statements, to conform the guidelines and pol19 icy statements to this Act and the amendments 

20 made by this Act, may not construe any change in 

21 the maximum penalty for a violation involving a con22 trolled substance in a particular schedule as requir23 ing an amendment to, or establishing a new, guide24 line or policy statement. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ryan Haight Online 

3 Pharmacy Consumer Protection Act of 2007’’. 

4 SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR 

5 CONTROLLED SUBSTANCES DISPENSED BY 

6 MEANS OF THE INTERNET. 

7 Section 309 of the Controlled Substances Act (21 

8 U.S.C. 829) is amended by adding at the end the following 

9 new subsection: 

10 ‘‘(e) CONTROLLED SUBSTANCES DISPENSED BY MEANS

11 OF THE INTERNET.— 

12 ‘‘(1) No controlled substance may be delivered, 

13 distributed, or dispensed by means of the Internet 

14 without a valid prescription. 

15 ‘‘(2) As used in this subsection: 

16 ‘‘(A) The term ‘valid prescription’ means a 

17 prescription that is issued for a legitimate med18 ical purpose in the usual course of professional 

19 practice by— 

20 ‘‘(i) a practitioner who has conducted 

21 at least one in-person medical evaluation of 

22 the patient; or 

23 ‘‘(ii) a covering practitioner. 

24 ‘‘(B)(i) The term ‘in-person medical evalua25 tion’ means a medical evaluation that is con26 ducted with the patient in the physical presence 


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1 of the practitioner, without regard to whether 

2 portions of the evaluation are conducted by other 

3 health professionals. 

4 ‘‘(ii) Nothing in clause (i) shall be con5 strued to imply that one in-person medical eval6 uation demonstrates that a prescription has been 

7 issued for a legitimate medical purpose within 

8 the usual course of professional practice. 

9 ‘‘(C) The term ‘covering practitioner’ 

10 means, with respect to a patient, a practitioner 

11 who conducts a medical evaluation (other than 

12 an in-person medical evaluation) at the request 

13 of a practitioner who— 

14 ‘‘(i) has conducted at least one in-per15 son medical evaluation of the patient dur16 ing the 24-month period ending on the date 

17 of that medical evaluation; and 

18 ‘‘(ii) is temporarily unavailable to con19 duct the evaluation of the patient. 

20 ‘‘(3) Nothing in this subsection shall apply to— 

21 ‘‘(A) the delivery, distribution, or dis22 pensing of a controlled substance by a practi23 tioner engaged in the practice of telemedicine 

24 if— 


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1 ‘‘(i) the telemedicine is being conducted 

2 while the patient is being treated by, and 

3 physically located in, a hospital or clinic 

4 registered under section 303(f), and the 

5 practitioner conducting the practice of tele6 medicine is registered under section 303(f) 

7 in the State in which the patient is located 

8 and is acting in the usual course of profes9 sional practice and in accordance with ap10 plicable State law; 

11 ‘‘(ii) the telemedicine is being con12 ducted while the patient is being treated by, 

13 and in the physical presence of, a practi14 tioner registered under section 303(f) who is 

15 acting in the usual course of professional 

16 practice, and the practitioner conducting 

17 the practice of telemedicine is registered 

18 under section 303(f) in the State in which 

19 the patient is located and is acting in the 

20 usual course of professional practice and in 

21 accordance with applicable State law; or 

22 ‘‘(iii) the telemedicine is being con23 ducted under any other circumstances that 

24 the Attorney General and the Secretary 

25 have jointly, by regulation, determined to be 


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1 consistent with effective controls against di2 version and otherwise consistent with the 

3 public health and safety; or 

4 ‘‘(B) the dispensing or selling of a con5 trolled substance pursuant to practices as deter6 mined by the Attorney General by regulation, 

7 which shall be consistent with effective controls 

8 against diversion.’’. 

9 SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

10 ACT RELATING TO THE DELIVERY OF CON11 TROLLED SUBSTANCES BY MEANS OF THE 

12 INTERNET. 

13 (a) IN GENERAL.—Section 102 of the Controlled Sub14 stances Act (21 U.S.C. 802) is amended by adding at the 

15 end the following: 

16 ‘‘(50) The term ‘Internet’ means collectively the 

17 myriad of computer and telecommunications facili18 ties, including equipment and operating software, 

19 which comprise the interconnected worldwide network 

20 of networks that employ the Transmission Control 

21 Protocol/Internet Protocol, or any predecessor or suc22 cessor protocol to such protocol, to communicate infor23 mation of all kinds by wire or radio. 

24 ‘‘(51) The term ‘deliver, distribute, or dispense 

25 by means of the Internet’ refers, respectively, to any 


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1 delivery, distribution, or dispensing of a controlled 

2 substance that is caused or facilitated by means of the 

3 Internet. 

4 ‘‘(52) The term ‘online pharmacy’— 

5 ‘‘(A) means a person, entity, or Internet 

6 site, whether in the United States or abroad, that 

7 knowingly or intentionally delivers, distributes, 

8 or dispenses, or offers or attempts to deliver, dis9 tribute, or dispense, a controlled substance by 

10 means of the Internet; and 

11 ‘‘(B) does not include— 

12 ‘‘(i) manufacturers or distributors reg13 istered under subsection (a), (b), (c), or (d) 

14 of section 303 who do not dispense con15 trolled substances to an unregistered indi16 vidual or entity; 

17 ‘‘(ii) nonpharmacy practitioners who 

18 are registered under section 303(f) and 

19 whose activities are authorized by that reg20 istration; 

21 ‘‘(iii) mere advertisements that do not 

22 attempt to facilitate an actual transaction 

23 involving a controlled substance; or 

24 ‘‘(iv) a person, entity, or Internet site 

25 which is not in the United States and does 


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1 not facilitate the delivery, distribution, or 

2 dispensing of a controlled substance by 

3 means of the Internet to any person in the 

4 United States. 

5 ‘‘(53) The term ‘homepage’ means the opening or 

6 main page or screen of the website of an online phar7 macy that is viewable on the Internet. 

8 ‘‘(54) The term ‘practice of telemedicine’ means 

9 the practice of medicine in accordance with applica10 ble Federal and State laws by a practitioner (other 

11 than a pharmacist) who is at a location remote from 

12 the patient and is communicating with the patient, 

13 or health care professional who is treating the patient, 

14 using a telecommunications system referred to in sec15 tion 1834(m) of the Social Security Act (42 U.S.C. 

16 1395m(m)).’’. 

17 (b) REGISTRATION REQUIREMENTS.—Section 303 of 

18 the Controlled Substances Act (21 U.S.C. 823) is amended 

19 by adding at the end the following new subsection: 

20 ‘‘(i) DISPENSER OF CONTROLLED SUBSTANCES BY

21 MEANS OF THE INTERNET.—(1) An online pharmacy shall 

22 obtain a registration specifically authorizing such activity, 

23 in accordance with regulations promulgated by the Attor24 ney General. In determining whether to grant an applicaVerDate Aug 31 2005 01:53 Mar 13, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S980.RS S980

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1 tion for such registration, the Attorney General shall apply 

2 the factors set forth in subsection (f). 

3 ‘‘(2) Registration under this subsection shall be in ad4 dition to, and not in lieu of, registration under subsection 

5 (f). 

6 ‘‘(3) This subsection does not apply to pharmacies that 

7 merely advertise by means of the Internet but do not at8 tempt to facilitate an actual transaction involving a con9 trolled substance by means of the Internet.’’. 

10 (c) REPORTING REQUIREMENTS.—Section 307(d) of 

11 the Controlled Substances Act (21 U.S.C. 827(d)) is amend12 ed by— 

13 (1) designating the text as paragraph (1); and 

14 (2) inserting after paragraph (1), as so des15 ignated by this Act, the following new paragraph: 

16 ‘‘(2) A pharmacy registered under section 303(i) shall 

17 report to the Attorney General the controlled substances dis18 pensed under such registration, in such manner and accom19 panied by such information as the Attorney General by reg20 ulation shall require.’’. 

21 (d) ONLINE PRESCRIPTION REQUIREMENTS.—The 

22 Controlled Substances Act is amended by inserting after sec23 tion 310 (21 U.S.C. 830) the following: 


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1 ‘‘ONLINE PHARMACY LICENSING AND DISCLOSURE

2 REQUIREMENTS

3 ‘‘SEC. 311. (a) IN GENERAL.—An online pharmacy 

4 shall display in a visible and clear manner on its homepage 

5 a statement that it complies with the requirements of this 

6 section with respect to the delivery or sale or offer for sale 

7 of controlled substances and shall at all times display on 

8 the homepage of its Internet site a declaration of compliance 

9 in accordance with this section. 

10 ‘‘(b) LICENSURE.—Each online pharmacy shall com11 ply with the requirements of State law concerning the licen12 sure of pharmacies in each State from which it, and in 

13 each State to which it, delivers, distributes, or dispenses or 

14 offers to deliver, distribute, or dispense controlled substances 

15 by means of the Internet. 

16 ‘‘(c) COMPLIANCE.—No online pharmacy or practi17 tioner shall deliver, distribute, or dispense by means of the 

18 Internet a controlled substance without a valid prescription 

19 (as defined in section 309(e)) and each online pharmacy 

20 shall comply with all applicable requirements of Federal 

21 and State law. 

22 ‘‘(d) INTERNET PHARMACY SITE DISCLOSURE INFOR23 MATION.—Each online pharmacy site shall post in a visible 

24 and clear manner on the homepage of its Internet site or 

25 on a page directly linked from its homepage the following: 


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1 ‘‘(1) The name of the owner, street address of the 

2 online pharmacy’s principal place of business, tele3 phone number, and email address. 

4 ‘‘(2) A list of the States in which the online 

5 pharmacy, and any pharmacy which dispenses, deliv6 ers, or distributes a controlled substance on behalf of 

7 the online pharmacy, is licensed to dispense controlled 

8 substances or prescription drugs and any applicable 

9 license number. 

10 ‘‘(3) For each pharmacy identified on its license 

11 in each State in which it is licensed to engage in the 

12 practice of pharmacy and for each pharmacy which 

13 dispenses or ships controlled substances on behalf of 

14 the online pharmacy: 

15 ‘‘(A) The name of the pharmacy. 

16 ‘‘(B) The street address of the pharmacy. 

17 ‘‘(C) The name, professional degree, and li18 censure of the pharmacist-in-charge. 

19 ‘‘(D) The telephone number at which the 

20 pharmacist-in-charge can be contacted. 

21 ‘‘(E) A certification that each pharmacy 

22 which dispenses or ships controlled substances on 

23 behalf of the online pharmacy is registered under 

24 this part to deliver, distribute, or dispense by 

25 means of the Internet controlled substances. 


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1 ‘‘(4) The name, address, professional degree, and 

2 licensure of practitioners who provide medical con3 sultations through the website for the purpose of pro4 viding prescriptions. 

5 ‘‘(5) A telephone number or numbers at which 

6 the practitioners described in paragraph (4) may be 

7 contacted. 

8 ‘‘(6) The following statement, unless revised by 

9 the Attorney General by regulation: ‘This online 

10 pharmacy will only dispense a controlled substance to 

11 a person who has a valid prescription issued for a le12 gitimate medical purpose based upon a medical rela13 tionship with a prescribing practitioner, which in14 cludes at least one prior in-person medical evalua15 tion. This online pharmacy complies with section 

16 309(e) of the Controlled Substances Act (21 U.S.C. 

17 829(e)).’. 

18 ‘‘(e) NOTIFICATION.—(1) Thirty days prior to offering 

19 a controlled substance for sale, delivery, distribution, or dis20 pensing, the online pharmacy shall notify the Attorney Gen21 eral, in the form and manner as the Attorney General shall 

22 determine, and the State boards of pharmacy in any States 

23 in which the online pharmacy offers to sell, deliver, dis24 tribute, or dispense controlled substances. 


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1 ‘‘(2) The notification required under paragraph (1) 

2 shall include— 

3 ‘‘(A) the information required to be posted on the 

4 online pharmacy’s Internet site under subsection (d) 

5 and shall notify the Attorney General and the appli6 cable State boards of pharmacy, under penalty of per7 jury, that the information disclosed on its Internet 

8 site under to subsection (d) is true and accurate; 

9 ‘‘(B) the online pharmacy’s Internet site address 

10 and a certification that the online pharmacy shall no11 tify the Attorney General of any change in the ad12 dress at least 30 days in advance; and 

13 ‘‘(C) the Drug Enforcement Administration reg14 istration numbers of any pharmacies and practi15 tioners referred to in subsection (d), as applicable. 

16 ‘‘(3) An online pharmacy that is already operational 

17 as of the effective date of this section, shall notify the Attor18 ney General and applicable State boards of pharmacy in 

19 accordance with this subsection not later than 30 days after 

20 the effective date of this section. 

21 ‘‘(f) DECLARATION OF COMPLIANCE.—On and after the 

22 date on which it makes the notification under subsection 

23 (e), each online pharmacy shall display on the homepage 

24 of its Internet site, in such form as the Attorney General 


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1 shall by regulation require, a declaration that it has made 

2 such notification to the Attorney General. 

3 ‘‘(g) REPORTS.—Any statement, declaration, notifica4 tion, or disclosure required under this section shall be con5 sidered a report required to be kept under this part.’’. 

6 (e) OFFENSES INVOLVING CONTROLLED SUBSTANCES

7 IN SCHEDULES III, IV, AND V.—Section 401(b) of the Con8 trolled Substances Act (21 U.S.C. 841(b)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (C), by striking ‘‘1 

11 gram of’’ before ‘‘flunitrazepam’’; 

12 (B) in subparagraph (D), by striking ‘‘or in 

13 the case of any controlled substance in schedule 

14 III (other than gamma hydroxybutyric acid), or 

15 30 milligrams of flunitrazepam’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(E)(i) In the case of any controlled substance in 

18 schedule III, such person shall be sentenced to a term 

19 of imprisonment of not more than 10 years and if 

20 death or serious bodily injury results from the use of 

21 such substance shall be sentenced to a term of impris22 onment of not more than 20 years, a fine not to ex23 ceed the greater of that authorized in accordance with 

24 the provisions of title 18, or $500,000 if the defendant 


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1 is an individual or $2,500,000 if the defendant is 

2 other than an individual, or both. 

3 ‘‘(ii) If any person commits such a violation 

4 after a prior conviction for a felony drug offense has 

5 become final, such person shall be sentenced to a term 

6 of imprisonment of not more than 20 years and if 

7 death or serious bodily injury results from the use of 

8 such substance shall be sentenced to a term of impris9 onment of not more than 30 years, a fine not to ex10 ceed the greater of twice that authorized in accordance 

11 with the provisions of title 18, or $1,000,000 if the de12 fendant is an individual or $5,000,000 if the defend13 ant is other than an individual, or both. 

14 ‘‘(iii) Any sentence imposing a term of impris15 onment under this subparagraph shall, in the absence 

16 of such a prior conviction, impose a term of super17 vised release of at least 2 years in addition to such 

18 term of imprisonment and shall, if there was such a 

19 prior conviction, impose a term of supervised release 

20 of at least 4 years in addition to such term of impris21 onment’’; 

22 (2) in paragraph (2) by— 

23 (A) striking ‘‘3 years’’ and inserting ‘‘5 

24 years’’; 


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1 (B) striking ‘‘6 years’’ and inserting ‘‘10 

2 years’’; and 

3 (C) striking ‘‘after one or more prior con4 victions’’ and all that follows through ‘‘have be5 come final,’’ and inserting ‘‘after a prior convic6 tion for a felony drug offense has become final,’’; 

7 and 

8 (3) in paragraph (3) by— 

9 (A) striking ‘‘2 years’’ and inserting ‘‘6 

10 years’’; 

11 (B) striking ‘‘after one or more convictions’’ 

12 and all that follows through ‘‘have become final,’’ 

13 and inserting ‘‘after a prior conviction for a fel14 ony drug offense has become final,’’; and 

15 (C) adding at the end the following ‘‘Any 

16 sentence imposing a term of imprisonment under 

17 this paragraph may, if there was a prior convic18 tion, impose a term of supervised release of not 

19 more than 1 year, in addition to such term of 

20 imprisonment.’’ 

21 (f) OFFENSES INVOLVING DISPENSING OF CON22 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

23 Section 401 of the Controlled Substances Act (21 U.S.C. 

24 841) is amended by adding at the end the following: 


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1 ‘‘(h) OFFENSES INVOLVING DISPENSING OF CON2 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.—(1) 

3 Except as authorized by this title, it shall be unlawful for 

4 any person to knowingly or intentionally cause or facilitate 

5 the delivery, distribution, or dispensing by means of the 

6 Internet of a controlled substance. 

7 ‘‘(2) Examples of activities that violate paragraph (1) 

8 include, but are not limited to, knowingly or inten9 tionally— 

10 ‘‘(A) delivering, distributing, or dispensing a 

11 controlled substance by means of the Internet by a 

12 pharmacy not registered under section 303(i); 

13 ‘‘(B) writing a prescription for a controlled sub14 stance for the purpose of delivery, distribution, or dis15 pensation by means of the Internet in violation of 

16 subsection 309(e); 

17 ‘‘(C) serving as an agent, intermediary, or other 

18 entity that causes the Internet to be used to bring to19 gether a buyer and seller to engage in the dispensing 

20 of a controlled substance in a manner not authorized 

21 by sections 303(i) or 309(e); and 

22 ‘‘(D) making a material false, fictitious, or 

23 fraudulent statement or representation in the submis24 sion to the Attorney General under section 311. 

25 ‘‘(3)(A) This subsection does not apply to— 


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1 ‘‘(i) the delivery, distribution, or dispensation of 

2 controlled substances by nonpractitioners to the extent 

3 authorized by their registration under this title; 

4 ‘‘(ii) the placement on the Internet of material 

5 that merely advocates the use of a controlled substance 

6 or includes pricing information without attempting 

7 to propose or facilitate an actual transaction involv8 ing a controlled substance; or 

9 ‘‘(iii) except as provided in subparagraph (B), 

10 any activity that is limited to— 

11 ‘‘(I) the provision of a telecommunications 

12 service, or of an Internet access service or Inter13 net information location tool (as those terms are 

14 defined in section 231 of the Communications 

15 Act of 1934 (47 U.S.C. 231)); or 

16 ‘‘(II) the transmission, storage, retrieval, 

17 hosting, formatting, or translation (or any com18 bination thereof) of a communication, without 

19 selection or alteration of the content of the com20 munication, except that deletion of a particular 

21 communication or material made by another 

22 person in a manner consistent with section 

23 230(c) of the Communications Act of 1934 (47 

24 U.S.C. 230(c)) shall not constitute such selection 


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1 or alteration of the content of the communica2 tion. 

3 ‘‘(B) The exceptions under subclauses (I) and (II) of 

4 subparagraph (A)(iii) shall not apply to a person acting 

5 in concert with a person who violates subsection (g)(1). 

6 ‘‘(4) Any person who knowingly or intentionally vio7 lates this subsection shall be sentenced in accordance with 

8 subsection (b) of this section.’’. 

9 (g) PUBLICATION.—Section 403(c) of the Controlled 

10 Substances Act (21 U.S.C. 843(c)) is amended by— 

11 (1) designating the text as paragraph (1); and 

12 (2) adding at the end the following: 

13 ‘‘(2)(A) Except as authorized by this title, it shall be 

14 unlawful for any person by means of the Internet, to know15 ingly advertise the sale or distribution of, or to offer to sell, 

16 distribute, or dispense, a controlled substance. 

17 ‘‘(B) Examples of activities that violate subparagraph 

18 (A) include, but are not limited to, knowingly or inten19 tionally causing the placement on the Internet of an adver20 tisement that refers to or directs prospective buyers to Inter21 net sellers of controlled substances who are not registered 

22 under section 303(i). 

23 ‘‘(C) Subparagraph (A) does not apply to material 

24 that either— 


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1 ‘‘(i) merely advertises the distribution of con2 trolled substances by nonpractitioners to the extent 

3 authorized by their registration under this title; or 

4 ‘‘(ii) merely advocates the use of a controlled 

5 substance or includes pricing information without at6 tempting to facilitate an actual transaction involving 

7 a controlled substance.’’. 

8 (h) INJUNCTIVE RELIEF.—Section 512 of the Con9 trolled Substances Act (21 U.S.C. 882) is amended by add10 ing to the end of the section the following new subsection: 

11 ‘‘(c) STATE CAUSE OF ACTION PERTAINING TO ONLINE

12 PHARMACIES.—(1) In any case in which the State has rea13 son to believe that an interest of the residents of that State 

14 has been or is being threatened or adversely affected by the 

15 action of a person, entity, or Internet site that violates the 

16 provisions of section 303(i), 309(e), or 311, the State may 

17 bring a civil action on behalf of such residents in a district 

18 court of the United States with appropriate jurisdiction— 

19 ‘‘(A) to enjoin the conduct which violates this 

20 section; 

21 ‘‘(B) to enforce compliance with this section; 

22 ‘‘(C) to obtain damages, restitution, or other 

23 compensation, including civil penalties under section 

24 402(b); and 


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1 ‘‘(D) to obtain such other legal or equitable relief 

2 as the court may find appropriate. 

3 ‘‘(2)(A) Prior to filing a complaint under paragraph 

4 (1), the State shall serve a copy of the complaint upon the 

5 Attorney General and upon the United States Attorney for 

6 the judicial district in which the complaint is to be filed. 

7 In any case where such prior service is not feasible, the 

8 State shall serve the complaint on the Attorney General and 

9 the appropriate United States Attorney on the same day 

10 that the State’s complaint is filed in Federal district court 

11 of the United States. Such proceedings shall be independent 

12 of, and not in lieu of, criminal prosecutions or any other 

13 proceedings under this title or any other laws of the United 

14 States. 

15 ‘‘(B)(i) Not later than 120 days after the later of the 

16 date on which a State’s complaint is served on the Attorney 

17 General and the appropriate United States Attorney, or the 

18 date on which the complaint is filed, the United States shall 

19 have the right to intervene as a party in any action filed 

20 by a State under paragraph (1). 

21 ‘‘(ii) After the 120-day period described in clause (i) 

22 has elapsed, the United States may, for good cause shown, 

23 intervene as a party in an action filed by a State under 

24 paragraph (1). 


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1 ‘‘(iii) Notice and an opportunity to be heard with re2 spect to intervention shall be afforded the State that filed 

3 the original complaint in any action in which the United 

4 States files a complaint in intervention under clause (i) 

5 or a motion to intervene under clause (ii). 

6 ‘‘(iv) The United States may file a petition for appeal 

7 of a judicial determination in any action filed by a State 

8 under this section. 

9 ‘‘(C) Service of a State’s complaint on the United 

10 States as required in this paragraph shall be made in ac11 cord with the requirements of Federal Rule of Civil Proce12 dure 4(i)(1). 

13 ‘‘(3) For purposes of bringing any civil action under 

14 paragraph (1), nothing in this Act shall prevent an attor15 ney general of a State from exercising the powers conferred 

16 on the attorney general of a State by the laws of such State 

17 to conduct investigations or to administer oaths or affirma18 tions or to compel the attendance of witnesses of or the pro19 duction of documentary or other evidence. 

20 ‘‘(4) Any civil action brought under paragraph (1) in 

21 a district court of the United States may be brought in the 

22 district in which the defendant is found, is an inhabitant, 

23 or transacts business or wherever venue is proper under sec24 tion 1391 of title 28, United States Code. Process in such 


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1 action may be served in any district in which the defendant 

2 is an inhabitant or in which the defendant may be found. 

3 ‘‘(5) No private right of action is created under this 

4 subsection.’’. 

5 (i) FORFEITURE OF FACILITATING PROPERTY IN

6 DRUG CASES.—Section 511(a)(4) of the Controlled Sub7 stances Act (21 U.S.C. 881(a)(4)) is amended to read as 

8 follows: 

9 ‘‘(4) Any property, real or personal, tangible or 

10 intangible, used or intended to be used to commit, or 

11 to facilitate the commission, of a violation of this title 

12 or title III, and any property traceable thereto.’’. 

13 (j) IMPORT AND EXPORT ACT.—Section 1010(b) of the 

14 Controlled Substances Import and Export Act (21 U.S.C. 

15 960(b)) is amended— 

16 (1) in paragraph (4) by— 

17 (A) striking ‘‘or any quantity of a con18 trolled substance in schedule III, IV, or V, (ex19 cept a violation involving flunitrazepam and ex20 cept a violation involving gamma hydroxy21 butyric acid)’’; 

22 (B) inserting ‘‘, or’’ before ‘‘less than one 

23 kilogram of hashish oil’’; and 

24 (C) striking ‘‘imprisoned’’ and all that fol25 lows through the end of the paragraph and inVerDate Aug 31 2005 01:53 Mar 13, 2008 Jkt 069200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\S980.RS S980

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1 serting ‘‘sentenced in accordance with section 

2 401(b)(1)(D) of this title (21 U.S.C. 

3 841(b)(1)(E)).’’; 

4 (2) by adding at the end the following: 

5 ‘‘(5) In the case of a violation of subsection (a) of this 

6 section involving a controlled substance in schedule III, 

7 such person shall be sentenced in accordance with section 

8 401(b)(1)(E). 

9 ‘‘(6) In the case of a violation of subsection (a) of this 

10 section involving a controlled substance in schedule IV (ex11 cept a violation involving flunitrazepam), such person shall 

12 be sentenced in accordance with section 401(b)(2). 

13 ‘‘(7) In the case of a violation of subsection (a) of this 

14 section involving a controlled substance in schedule V, such 

15 person shall be sentenced in accordance with section 

16 401(b)(3).’’; and 

17 (3) in paragraph (3), by striking ‘‘, nor shall a 

18 person so sentenced be eligible for parole during the 

19 term of such a sentence’’ in the final sentence. 

20 (k) EFFECTIVE DATE.—The amendments made by this 

21 Act shall become effective 60 days after the date of enact22 ment of this Act. 

23 (l) GUIDELINES AND REGULATIONS.— 

24 (1) IN GENERAL.—The Attorney General may 

25 promulgate and enforce any rules, regulations, and 


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1 procedures which may be necessary and appropriate 

2 for the efficient execution of functions under this sub3 title, including any interim rules necessary for the 

4 immediate implementation of this Act, on its effective 

5 date. 

6 (2) SENTENCING GUIDELINES.—The United 

7 States Sentencing Commission, in determining wheth8 er to amend, or establish new, guidelines or policy 

9 statements, to conform the Federal sentencing guide10 lines and policy statements to this Act and the 

11 amendments made by this Act— 

12 (A) shall consult with the Department of 

13 Justice, experts and other affected parties con14 cerning which penalties for scheduled substances 

15 amended by this Act should be reflected in the 

16 Federal sentencing guidelines; and 

17 (B) should not construe any change in the 

18 maximum penalty for a violation involving a 

19 controlled substance in a particular schedule as 

20 being the sole reason to amend a, or establish a 

21 new, guideline or policy statement. 

22 (m) ANNUAL REPORT.—Not later than 180 days after 

23 the date of enactment of this Act, and annually for 2 years 

24 after the initial report, the Drug Enforcement AdministraVerDate Aug 31 2005 01:53 Mar 13, 2008 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\S980.RS S980

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1 tion, in consultation with the Department of State, shall 

2 submit to Congress a report describing— 

3 (1) the foreign supply chains and sources of con4 trolled substances offered for sale without a valid pre5 scription on the Internet; 

6 (2) the efforts and strategy of the Drug Enforce7 ment Administration to decrease the foreign supply 

8 chain and sources of controlled substances offered for 

9 sale without a valid prescription on the Internet; and 

10 (3) the efforts of the Drug Enforcement Adminis11 tration to work with domestic and multinational 

12 pharmaceutical companies and others to build inter13 national cooperation and a commitment to fight on 

14 a global scale the problem of distribution of controlled 

15 substances over the Internet without a valid prescrip16 tion. 


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Calendar No. 617 

110TH CONGRESS 

2D SESSION S. 980 

A BILL 

To amend the Controlled Substances Act to address 

online pharmacies. 

MARCH 12, 2008 

Reported with an amendment 


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