I 
111TH CONGRESS 
1ST SESSION H. R. 1459 
To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act regarding penalties for cocaine offenses, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2009 
Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Ms. JACKSON-LEE of 
Texas, Mr. NADLER of New York, Ms. WATERS, Mr. LEWIS of Georgia, 
Mr. DAVIS of Illinois, Mr. ELLISON, Mr. JOHNSON of Georgia, Mr. 
GRIJALVA, Mr. PAYNE, Mr. COHEN, Ms. NORTON, and Mr. RANGEL) in-
troduced 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 and the Controlled 
Substances Import and Export Act regarding penalties 
for cocaine offenses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Cocaine 
Sentencing Act of 2009’’. 
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SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO-
CAINE OFFENSES WHERE THE COCAINE IN-
VOLVED IS COCAINE BASE. 
(a) CONTROLLED SUBSTANCES ACT.—The following 
provisions of the Controlled Substances Act (21 U.S.C. 
801 et seq.) are repealed: 
(1) Clause (iii) of section 401(b)(1)(A). 
(2) Clause (iii) of section 401(b)(1)(B). 
(3) The sentence beginning ‘‘Notwithstanding 
the preceding sentence’’ in section 404(a). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The following provisions of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951 et seq.) 
are repealed: 
(1) Subparagraph (C) of section 1010(b)(1). 
(2) Subparagraph (C) of section 1010(b)(2). 
SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBA-
TIONARY SENTENCE. 
(a) 
CONTROLLED
SUBSTANCES
ACT.—Section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended— 
(1) in each of subparagraphs (A) and (B), by 
striking the last two sentences; and 
(2) by striking the final sentence of subpara-
graph (C). 
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(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(b)) is amended in 
each of paragraphs (1) and (2), by striking the last two 
sentences. 
SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISON-
MENT PENALTIES FOR COCAINE OFFENSES. 
(a) CONTROLLED SUBSTANCES ACT.— 
(1) Section 401(b)(1)(A) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)) is amended by 
adding at the end the following: ‘‘However, any min-
imum term of imprisonment otherwise required 
under this subparagraph shall not apply to an of-
fense under clause (ii).’’. 
(2) Section 401(b)(1)(B) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(B)) is amended by 
adding at the end the following: ‘‘However, any min-
imum term of imprisonment otherwise required 
under this subparagraph shall not apply to an of-
fense under clause (ii).’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.— 
(1) Section 1010(b)(1) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 
960(b)(1)) is amended by adding at the end the fol-
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lowing: ‘‘However, any minimum term of imprison-
ment otherwise required under this paragraph shall 
not apply to an offense under subparagraph (B).’’. 
(2) Section 1010(b)(2) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 
960(b)(2)) is amended by adding at the end the fol-
lowing: ‘‘However, any minimum term of imprison-
ment otherwise required under this paragraph shall 
not apply to an offense under subparagraph (B).’’. 
Æ 
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