I

106TH CONGRESS

1ST SESSION H. R. 1065

To require the Attorney General to add to schedule III of the Controlled

Substances Act, the ‘‘Date Rape’’ drugs ketamine hydrochloride and

gamma y-hydroxybutyrate.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1999

Mr. STUPAK introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on the Judiciary, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require the Attorney General to add to schedule III

of the Controlled Substances Act, the ‘‘Date Rape’’ drugs

ketamine hydrochloride and gamma y-hydroxybutyrate.

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 SHORT TITLE.—This Act may be cited as the ‘‘Date

5 Rape Prevention Act of 1999’’.

6 SEC. 2. SCHEDULING CERTAIN SUBSTANCES.

7 Notwithstanding section 201 or subsection (a) or (b)

8 of section 202 of the Controlled Substances Act (21
2

HR 1065 IH

1 U.S.C. 811, 812(a), 812(b)) respecting the scheduling of

2 controlled substances, the Attorney General shall, by

3 order, add ketamine hydrochloride and gamma y4 hydroxybutyrate to schedule III of such Act.

5 SEC. 3. ADDITIONAL PENALTIES RELATING TO GAMMA Y6 HYDROXYBUTYRATE OR ITS ANALOGUES OR

7 KETAMINE HYDROCHLORIDE OR ITS ANA8 LOGUES.

9 (a) GENERAL PENALTIES.—Section 401 of the Con10 trolled Substances Act (21 U.S.C. 841) is amended in sub11 section (b)(1)(C), by inserting ‘‘, or any amount of gamma

12 y-hydroxybutyrate (GHB) or its analogues or ketamine

13 hydrochloride or its analogues,’’ after ‘‘I or II’’.

14 (b) IMPORT AND EXPORT PENALTIES.—

15 (1) Section 1009(a) of the Controlled Sub16 stances Import and Export Act (21 U.S.C. 959(a))

17 is amended by inserting ‘‘or gamma y18 hydroxybutyrate (GHB) or its analogues or

19 ketamine hydrochloride or its analogues’’ after ‘‘I or

20 II’’.

21 (2) Section 1010(b)(3) of the Controlled Sub22 stances Import and Export Act (21 U.S.C. 960(b))

23 is amended by inserting ‘‘or gamma y24 hydroxybutyrate (GHB) or its analogues or
3

HR 1065 IH

1 ketamine hydrochloride or its analogues’’ after ‘‘I or

2 II’’.

3 (3) Section 1010(b)(4) of the Controlled Sub4 stances Import and Export Act is amended by in5 serting ‘‘(except a violation involving gamma y6 hydroxybutyrate (GHB) or its analogues or

7 ketamine hydrochloride or its analogues)’’ after ‘‘III,

8 IV or V,’’.

9 (c) SENTENCING GUIDELINES.—

10 (1) AMENDMENT OF SENTENCING GUIDE11 LINES.—Pursuant to its authority under section 994

12 of title 28, United States Code, the United States

13 Sentencing Commission shall review and amend, as

14 appropriate, the sentencing guidelines for offenses

15 involving gamma y-hydroxybutyrate (GHB) or its

16 analogues or ketamine hydrochloride or its ana17 logues.

18 (2) SUMMARY.—The United States Sentencing

19 Commission shall submit to the Congress—

20 (A) a summary of its review under para21 graph (1); and

22 (B) an explanation for any amendment to

23 the sentencing guidelines made under para24 graph (1).
4

HR 1065 IH

1 (3) SERIOUS NATURE OF OFFENSES.—In carry2 ing out this subsection, the United States Sentenc3 ing Commission shall ensure that the sentencing

4 guidelines for offenses involving gamma y5 hydroxybutyrate (GHB) or its analogues or

6 ketamine hydrochloride or its analogues reflect the

7 serious nature of such offenses.

8 SEC. 4. INCREASED PENALTIES FOR UNLAWFUL SAMPLE 1

9 POSSESSION OF GAMMA Y10 HYDROXYBUTYRATE (GHB) OR ITS ANA11 LOGUES OR KETAMINE HYDROCHLORIDE OR

12 ITS ANALOGUES.

13 Section 404(a) of the Controlled Substances Act (21

14 U.S.C. 844(a)) is amended by inserting after ‘‘exceeds 1

15 gram.’’ the following: ‘‘Notwithstanding any penalty pro16 vided in this subsection, any person convicted under this

17 subsection for the possession of gamma y-hydroxybutyrate

18 (GHB) or its analogues or ketamine hydrochloride or its

19 analogues shall be sentenced to a term of imprisonment

20 which may not be more than 3 years, shall be fined as

21 otherwise provided in this section, or both.’’.

22 SEC. 5. CHEMICAL LISTING.

23 The Attorney General shall specify gamma butyro24 lactone (GBL) as a list I chemical in the Chemical Diver25 sion and Trafficking Act of 1988 (21 U.S.C. 802).
5

HR 1065 IH

1 SEC. 6. EDUCATION AND DRUG ABUSE PREVENTION.

2 The Attorney General shall establish programs

3 throughout the United States and disseminate materials

4 to provide young people in high school and college with

5 education about the use of controlled substances in the

6 furtherance of rape and sexual assault and shall assist law

7 enforcement personnel in the prevention of abuse of con8 trolled substances for such purposes.

Æ