II 

112TH CONGRESS 

1ST SESSION S. 1760 

To amend the Controlled Substances Act to provide for increased penalties 

for operators of pill mills, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2011 

Mr. MANCHIN (for himself and Mr. KIRK) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to provide for increased penalties for operators of pill mills, and for other 

purposes. 

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 ‘‘Pill Mill Crackdown 

5 Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 102 of the Controlled Substances Act (21 

8 U.S.C. 802) is amended by adding at the end the fol9 lowing: 


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1 ‘‘(57) The term ‘pill mill’ includes a doctor’s of2 fice, clinic, or health care facility that— 

3 ‘‘(A) routinely prescribes or dispenses con4 trolled substances outside the scope of the pre5 vailing standards of medical practice in the 

6 community in relation to the prescribing or dis7 pensing of controlled prescription drugs; or 

8 ‘‘(B) routinely violates this Act in relation 

9 to the prescribing or dispensing of controlled 

10 prescription drugs. 

11 ‘‘(58) The term ‘operator of a pill mill’ in12 cludes— 

13 ‘‘(A) any practicing physician affiliated 

14 with a pill mill; or 

15 ‘‘(B) any owner, director, officer, or part16 ner of a pill mill.’’. 

17 SEC. 3. PENALTIES FOR OPERATION OF A PILL MILL. 

18 Section 401(b) of the Controlled Substances Act (21 

19 U.S.C. 841(b)) is amended by adding at the end the fol20 lowing: 

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

22 involving distribution of a controlled substance in 

23 schedule II or schedule III by the operator of a pill 

24 mill, such operator shall be imprisoned as provided 

25 in this subsection (except that the term of such imVerDate Mar 15 2010 04:10 Oct 22, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1760.IS S1760

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1 prisonment shall be double the term otherwise appli2 cable), fined as provided in this subsection (except 

3 that such fine shall be in an amount triple the 

4 amount otherwise applicable), or both.’’. 

5 SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE TWENTY6 ONE. 

7 Section 418 of the Controlled Substances Act (21 

8 U.S.C. 859) is amended by adding at the end the fol9 lowing: 

10 ‘‘(c) PILL MILL OPERATORS.—In the case of a per11 son who commits an offense punishable under section 

12 401(b)(8), this section shall be applied by substituting 

13 ‘thrice’ for ‘twice’ in each of subsections (a) and (b).’’. 

14 SEC. 5. ALTERNATIVE FINE NOT APPLICABLE TO PILL MILL 

15 OPERATORS. 

16 Section 415 of the Controlled Substances Act (21 

17 U.S.C. 855) is amended by striking ‘‘In lieu of’’ and in18 serting the following: ‘‘Except in the case of an offense 

19 punishable under section 401(b)(8) or 418(c), in lieu of’’. 

20 SEC. 6. SENSE OF CONGRESS REGARDING CRIMINAL FOR21 FEITURE OF THE PROPERTY OF PILL MILL 

22 OPERATORS. 

23 It is the sense of Congress that an offense punishable 

24 under section 401(a)(8) of the Controlled Substances Act 

25 (21 U.S.C. 841(a)(8)) is a violation for which certain 


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1 property is subject to forfeiture to the United States under 

2 section 413 of such Act (21 U.S.C. 853). 

3 SEC. 7. USE OF CERTAIN FORFEITED PROPERTY FOR THE 

4 OPERATIONS OF THE OFFICE OF NATIONAL 

5 DRUG CONTROL POLICY. 

6 Section 413(h) of the Controlled Substances Act (21 

7 U.S.C. 853(h)) is amended by adding at the end the fol8 lowing: ‘‘In the case of property ordered forfeited under 

9 this section by reason of a conviction for an offense pun10 ishable under section 401(b)(8) or 418(c), the proceeds 

11 from any disposition under this subsection of such prop12 erty shall be used, in addition to amounts previously made 

13 available in appropriations Acts, for the programs under 

14 section 399O, 1911, and 1921 of the Public Health Serv15 ice Act.’’. 

16 SEC. 8. TRANSFER BETWEEN SCHEDULES OF CERTAIN SUB17 STANCES. 

18 (a) Schedule II in section 202 of the Controlled Sub19 stances Act (21 U.S.C. 812) is amended by adding at the 

20 following: 

21 ‘‘(d) Unless specifically excepted or unless listed in 

22 another schedule, any material, compound, mixture, or 

23 preparation containing limited quantities of any of the fol24 lowing narcotic drugs, or any salts thereof: 


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1 ‘‘(1) Not more than 300 milligrams of 

2 dihydrocodeinone per 100 milliliters or not more 

3 than 15 milligrams per dosage unit, with a fourfold 

4 or greater quantity of an isoquinoline alkaloid of 

5 opium. 

6 ‘‘(2) Not more than 300 milligrams of 

7 dihydrocodeinone per 100 milliliters or not more 

8 than 15 milligrams per dosage unit, with one or 

9 more active, nonnarcotic ingredients in recognized 

10 therapeutic amounts.’’. 

11 (b) Schedule III in section 202 of the Controlled Sub12 stances Act (21 U.S.C. 812) is amended by striking the 

13 following: 

14 ‘‘(3) Not more than 300 milligrams of 

15 dihydrocodeinone per 100 milliliters or not more 

16 than 15 milligrams per dosage unit, with a fourfold 

17 or greater quantity of an isoquinoline alkaloid of 

18 opium. 

19 ‘‘(4) Not more than 300 milligrams of 

20 dihydrocodeinone per 100 milliliters or not more 

21 than 15 milligrams per dosage unit, with one or 

22 more active, nonnarcotic ingredients in recognized 

23 therapeutic amounts.’’. 

Æ 


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