I 

112TH CONGRESS 

1ST SESSION H. R. 1065 

To amend the Controlled Substances Act to provide for increased penalties 

for operators of pill mills, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2011 

Mr. BUCHANAN (for himself, Mr. ROGERS of Kentucky, Mr. MARKEY, Mrs. 

BONO MACK, Mr. MICA, Mr. DEUTCH, Mr. DIAZ-BALART, Ms. BROWN

of Florida, Mr. STUTZMAN, Mr. COOPER, Ms. RICHARDSON, Mr. LYNCH, 

Mr. MILLER of Florida, Mr. BERG, Mr. NUGENT, Mr. CRENSHAW, Mr. 

WILSON of South Carolina, Mr. GUTHRIE, Mr. LEWIS of California, Ms. 

WILSON of Florida, Ms. WASSERMAN SCHULTZ, Mr. RIVERA, Mr. 

MCNERNEY, Mr. TIPTON, Mr. ROONEY, Ms. ROS-LEHTINEN, Ms. EDWARDS, Ms. CASTOR of Florida, Mr. HASTINGS of Florida, and Mr. 

WEST) introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 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, 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 1065 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pill Mill Crackdown 

3 Act of 2011’’. 

4 SEC. 2. PENALTIES FOR OPERATION OF A PILL MILL. 

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

6 U.S.C. 841(b)) is amended by adding at the end the fol7 lowing: 

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

9 involving distribution of a controlled substance in 

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

11 mill, such operator shall be imprisoned as provided 

12 in this subsection (except that the term of such im13 prisonment shall be double the term otherwise appli14 cable), fined as provided in this subsection (except 

15 that such fine shall be in an amount triple the 

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

17 SEC. 3. DISTRIBUTION TO PERSONS UNDER AGE TWENTY18 ONE. 

19 Section 418 of the Controlled Substances Act (21 

20 U.S.C. 859) is amended by adding at the end the fol21 lowing: 

22 ‘‘(c) PILL MILL OPERATORS.—In the case of a per23 son who commits an offense punishable under section 

24 401(b)(8), this section shall be applied by substituting 

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


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 1065 IH

1 SEC. 4. ALTERNATIVE FINE NOT APPLICABLE TO PILL MILL 

2 OPERATORS. 

3 Section 415 of the Controlled Substances Act (21 

4 U.S.C. 855) is amended by striking ‘‘In lieu of’’ and in5 serting the following: ‘‘Except in the case of an offense 

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

7 SEC. 5. SENSE OF CONGRESS REGARDING CRIMINAL FOR8 FEITURE OF THE PROPERTY OF PILL MILL 

9 OPERATORS. 

10 It is the sense of Congress that an offense punishable 

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

12 (21 U.S.C. 841(a)(8)) is a violation for which certain 

13 property is subject to forfeiture to the United States under 

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

15 SEC. 6. USE OF CERTAIN FORFEITED PROPERTY FOR THE 

16 OPERATIONS OF THE OFFICE OF NATIONAL 

17 DRUG CONTROL POLICY. 

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

19 U.S.C. 853(h)) is amended by adding at the end the fol20 lowing: ‘‘In the case of property ordered forfeited under 

21 this section by reason of a conviction for an offense pun22 ishable under section 401(b)(8) or 418(c), the proceeds 

23 from any disposition under this subsection of such prop24 erty shall be used, in addition to amounts previously made 

25 available in appropriations Acts, for the programs under 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 1065 IH

1 section 399O, 1911, and 1921 of the Public Health Serv2 ice Act.’’. 

3 SEC. 7. TRANSFER BETWEEN SCHEDULES OF CERTAIN SUB4 STANCES. 

5 (a) Schedule II in section 202 of the Controlled Sub6 stances Act (21 U.S.C. 812) is amended by adding at the 

7 following: 

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

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

10 preparation containing limited quantities of any of the fol11 lowing narcotic drugs, or any salts thereof: 

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

13 dihydrocodeinone per 100 milliliters or not more 

14 than 15 milligrams per dosage unit, with a fourfold 

15 or greater quantity of an isoquinoline alkaloid of 

16 opium. 

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

18 dihydrocodeinone per 100 milliliters or not more 

19 than 15 milligrams per dosage unit, with one or 

20 more active, nonnarcotic ingredients in recognized 

21 therapeutic amounts.’’. 

22 (b) Schedule III in section 202 of the Controlled Sub23 stances Act (21 U.S.C. 812) is amended by striking the 

24 following: 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 1065 IH

1 ‘‘(3) 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 ‘‘(4) 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.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS