SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ryan Haight Online 
Pharmacy Consumer Protection Act of 2008’’. 
SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR 
CONTROLLED SUBSTANCES DISPENSED BY 
MEANS OF THE INTERNET. 
Section 309 of the Controlled Substances Act (21 
U.S.C. 829) is amended by adding at the end the fol-
lowing: 
‘‘(e) CONTROLLED
SUBSTANCES
DISPENSED
BY 
MEANS OF THE INTERNET.— 
‘‘(1) No controlled substance that is a prescrip-
tion drug as determined under the Federal Food, 
Drug, and Cosmetic Act may be delivered, distrib-
uted, or dispensed by means of the Internet without 
a valid prescription. 
‘‘(2) As used in this subsection: 
‘‘(A) The term ‘valid prescription’ means a 
prescription that is issued for a legitimate med-
ical purpose in the usual course of professional 
practice by— 
‘‘(i) a practitioner who has conducted 
at least 1 in-person medical evaluation of 
the patient; or 
‘‘(ii) a covering practitioner.
‘‘(B)(i) The term ‘in-person medical eval-
uation’ means a medical evaluation that is con-
ducted with the patient in the physical presence 
of the practitioner, without regard to whether 
portions of the evaluation are conducted by 
other health professionals. 
‘‘(ii) Nothing in clause (i) shall be con-
strued to imply that 1 in-person medical evalua-
tion demonstrates that a prescription has been 
issued for a legitimate medical purpose within 
the usual course of professional practice. 
‘‘(C) The term ‘covering practitioner’ 
means, with respect to a patient, a practitioner 
who conducts a medical evaluation (other than 
an in-person medical evaluation) at the request 
of a practitioner who— 
‘‘(i) has conducted at least 1 in-per-
son medical evaluation of the patient or an 
evaluation of the patient through the prac-
tice of telemedicine, within the previous 24 
months; and 
‘‘(ii) is temporarily unavailable to con-
duct the evaluation of the patient. 
‘‘(3) Nothing in this subsection shall apply to—
‘‘(A) the delivery, distribution, or dis-
pensing of a controlled substance by a practi-
tioner engaged in the practice of telemedicine; 
or 
‘‘(B) the dispensing or selling of a con-
trolled substance pursuant to practices as deter-
mined by the Attorney General by regulation, 
which shall be consistent with effective controls 
against diversion.’’. 
SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES 
ACT RELATING TO THE DELIVERY OF CON-
TROLLED SUBSTANCES BY MEANS OF THE 
INTERNET. 
(a) IN GENERAL.—Section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended by adding at 
the end the following: 
‘‘(50) The term ‘Internet’ means collectively the myr-
iad of computer and telecommunications facilities, includ-
ing equipment and operating software, which comprise the 
interconnected worldwide network of networks that employ 
the Transmission Control Protocol/Internet Protocol, or 
any predecessor or successor protocol to such protocol, to 
communicate information of all kinds by wire or radio. 
‘‘(51) The term ‘deliver, distribute, or dispense by 
means of the Internet’ refers, respectively, to any delivery,
distribution, or dispensing of a controlled substance that 
is caused or facilitated by means of the Internet. 
‘‘(52) The term ‘online pharmacy’— 
‘‘(A) means a person, entity, or Internet site, 
whether in the United States or abroad, that know-
ingly or intentionally delivers, distributes, or dis-
penses, or offers or attempts to deliver, distribute, or 
dispense, a controlled substance by means of the 
Internet; and 
‘‘(B) does not include— 
‘‘(i) manufacturers or distributors reg-
istered under subsection (a), (b), (d), or (e) of 
section 303 who do not dispense controlled sub-
stances to an unregistered individual or entity; 
‘‘(ii) nonpharmacy practitioners who are 
registered under section 303(f) and whose ac-
tivities are authorized by that registration; 
‘‘(iii) any hospital or other medical facility 
that is operated by an agency of the United 
States (including the Armed Forces), provided 
such hospital or other facility is registered 
under section 303(f); 
‘‘(iv) a health care facility owned or oper-
ated by an Indian tribe or tribal organization, 
only to the extent such facility is carrying out
a contract or compact under the Indian Self- 
Determination and Education Assistance Act; 
‘‘(v) any agent or employee of any hospital 
or facility referred to in clause (iii) or (iv), pro-
vided such agent or employee is lawfully acting 
in the usual course of business or employment, 
and within the scope of the official duties of 
such agent or employee, with such hospital or 
facility, and, with respect to agents or employ-
ees of health care facilities specified in clause 
(iv), only to the extent such individuals are fur-
nishing services pursuant to the contracts or 
compacts described in such clause; 
‘‘(vi) mere advertisements that do not at-
tempt to facilitate an actual transaction involv-
ing a controlled substance; 
‘‘(vii) a person, entity, or Internet site that 
is not in the United States and does not facili-
tate the delivery, distribution, or dispensing of 
a controlled substance by means of the Internet 
to any person in the United States; 
‘‘(viii) a pharmacy registered under section 
303(f) whose dispensing of controlled sub-
stances via the Internet consists solely of—
‘‘(I) refilling prescriptions for con-
trolled substances in schedule III, IV, or 
V, as defined in paragraph (55); or 
‘‘(II) filling new prescriptions for con-
trolled substances in schedule III, IV, or 
V, as defined in paragraph (56); or 
‘‘(ix) any other persons for whom the At-
torney General and the Secretary have jointly, 
by regulation, found it to be consistent with ef-
fective controls against diversion and otherwise 
consistent with the public health and safety to 
exempt from the definition of an ‘online phar-
macy’. 
‘‘(53) The term ‘homepage’ means the opening or 
main page or screen of the website of an online pharmacy 
that is viewable on the Internet. 
‘‘(54) The term ‘practice of telemedicine’ means, for 
purposes of this title, the practice of medicine in accord-
ance with applicable Federal and State laws by a practi-
tioner (other than a pharmacist) who is at a location re-
mote from the patient and is communicating with the pa-
tient, or health care professional who is treating the pa-
tient, using a telecommunications system referred to in 
section 1834(m) of the Social Security Act, which prac-
tice—
‘‘(A) is being conducted— 
‘‘(i) while the patient is being treated by, 
and physically located in, a hospital or clinic 
registered under section 303(f); and 
‘‘(ii) by a practitioner— 
‘‘(I) acting in the usual course of pro-
fessional practice; 
‘‘(II) acting in accordance with appli-
cable State law; and 
‘‘(III) registered under section 303(f) 
in the State in which the patient is located, 
unless the practitioner— 
‘‘(aa) is exempted from such reg-
istration in all States under section 
302(d); or 
‘‘(bb) is— 
‘‘(AA) an employee or con-
tractor of the Department of Vet-
erans Affairs who is acting in the 
scope of such employment or con-
tract; and 
‘‘(BB) registered under sec-
tion 303(f) in any State or is uti-
lizing the registration of a hos-
pital or clinic operated by the
Department of Veterans Affairs 
registered under section 303(f); 
‘‘(B) is being conducted while the patient is 
being treated by, and in the physical presence of, a 
practitioner— 
‘‘(i) acting in the usual course of profes-
sional practice; 
‘‘(ii) acting in accordance with applicable 
State law; and 
‘‘(iii) registered under section 303(f) in the 
State in which the patient is located, unless the 
practitioner— 
‘‘(I) is exempted from such registra-
tion in all States under section 302(d); or 
‘‘(II) is— 
‘‘(aa) an employee or contractor 
of the Department of Veterans Affairs 
who is acting in the scope of such em-
ployment or contract; and 
‘‘(bb) registered under section 
303(f) in any State or is using the 
registration of a hospital or clinic op-
erated by the Department of Veterans 
Affairs 
registered 
under 
section 
303(f);
‘‘(C) is being conducted by a practitioner— 
‘‘(i) who is an employee or contractor of 
the Indian Health Service, or is working for an 
Indian tribe or tribal organization under its 
contract or compact with the Indian Health 
Service under the Indian Self-Determination 
and Education Assistance Act; 
‘‘(ii) acting within the scope of the employ-
ment, contract, or compact described in clause 
(i); and 
‘‘(iii) who is designated as an Internet Eli-
gible Controlled Substances Provider by the 
Secretary under section 311(g)(2); 
‘‘(D)(i) is being conducted during a public 
health emergency declared by the Secretary under 
section 319 of the Public Health Service Act; and 
‘‘(ii) involves patients located in such areas, and 
such controlled substances, as the Secretary, with 
the concurrence of the Attorney General, designates, 
provided that such designation shall not be subject 
to the procedures prescribed by subchapter II of 
chapter 5 of title 5, United States Code; 
‘‘(E) is being conducted by a practitioner who 
has obtained from the Attorney General a special 
registration under section 311(h);
‘‘(F) is being conducted— 
‘‘(i) in a medical emergency situation— 
‘‘(I) that prevents the patient from 
being in the physical presence of a practi-
tioner registered under section 303(f) who 
is an employee or contractor of the Vet-
erans Health Administration acting in the 
usual course of business and employment 
and within the scope of the official duties 
or contract of that employee or contractor; 
‘‘(II) that prevents the patient from 
being physically present at a hospital or 
clinic operated by the Department of Vet-
erans Affairs registered under section 
303(f); 
‘‘(III) during which the primary care 
practitioner of the patient or a practitioner 
otherwise practicing telemedicine within 
the meaning of this paragraph is unable to 
provide care or consultation; and 
‘‘(IV) that requires immediate inter-
vention by a health care practitioner using 
controlled substances to prevent what the 
practitioner reasonably believes in good 
faith will be imminent and serious clinical
consequences, such as further injury or 
death; and 
‘‘(ii) by a practitioner that— 
‘‘(I) is an employee or contractor of 
the Veterans Health Administration acting 
within the scope of that employment or 
contract; 
‘‘(II) is registered under section 
303(f) in any State or is utilizing the reg-
istration of a hospital or clinic operated by 
the Department of Veterans Affairs reg-
istered under section 303(f); and 
‘‘(III) issues a controlled substance 
prescription in this emergency context that 
is limited to a maximum of a 5-day supply 
which may not be extended or refilled; or 
‘‘(G) is being conducted under any other cir-
cumstances that the Attorney General and the Sec-
retary have jointly, by regulation, determined to be 
consistent with effective controls against diversion 
and otherwise consistent with the public health and 
safety. 
‘‘(55) The term ‘refilling prescriptions for controlled 
substances in schedule III, IV, or V’—
‘‘(A) means the dispensing of a controlled sub-
stance in schedule III, IV, or V in accordance with 
refill instructions issued by a practitioner as part of 
a valid prescription that meets the requirements of 
subsections (b) and (c) of section 309, as appro-
priate; and 
‘‘(B) does not include the issuance of a new 
prescription to an individual for a controlled sub-
stance that individual was previously prescribed. 
‘‘(56) The term ‘filling new prescriptions for con-
trolled substances in schedule III, IV, or V’ means filling 
a prescription for an individual for a controlled substance 
in schedule III, IV, or V, if— 
‘‘(A) the pharmacy dispensing that prescription 
has previously dispensed to the patient a controlled 
substance other than by means of the Internet and 
pursuant to the valid prescription of a practitioner 
that meets the applicable requirements of sub-
sections (b) and (c) of section 309 (in this para-
graph referred to as the ‘original prescription’); 
‘‘(B) the pharmacy contacts the practitioner 
who issued the original prescription at the request of 
that individual to determine whether the practitioner 
will authorize the issuance of a new prescription for
that individual for the controlled substance described 
in subparagraph (A); and 
‘‘(C) the practitioner, acting in the usual course 
of professional practice, determines there is a legiti-
mate medical purpose for the issuance of the new 
prescription.’’. 
(b) REGISTRATION REQUIREMENTS.—Section 303(f) 
of the Controlled Substances Act (21 U.S.C. 823(f)) is 
amended in the matter preceding paragraph (1)— 
(1) in the first sentence, by adding after 
‘‘schedule II, III, IV, or V’’ the following: ‘‘and shall 
modify the registrations of pharmacies so registered 
to authorize them to dispense controlled substances 
by means of the Internet’’; and 
(2) in the second sentence, by striking ‘‘if he 
determines that the issuance of such registration’’ 
and inserting ‘‘or such modification of registration if 
the Attorney General determines that the issuance of 
such registration or modification’’. 
(c) REPORTING REQUIREMENTS.—Section 307(d) of 
the Controlled Substances Act (21 U.S.C. 827(d)) is 
amended by— 
(1) striking ‘‘(d) Every’’ and inserting ‘‘(d)(1) 
Every’’; and 
(2) adding at the end the following:
‘‘(2) Each pharmacy with a modified registration 
under section 303(f) that authorizes the dispensing of con-
trolled substances by means of the Internet shall report 
to the Attorney General the controlled substances it dis-
penses, in the amount specified, and in such time and 
manner as the Attorney General by regulation shall re-
quire, except that the Attorney General, under this para-
graph, may not require any pharmacy to report any infor-
mation other than the total quantity of each controlled 
substance that the pharmacy has dispensed each month. 
For purposes of this paragraph, no reporting shall be re-
quired unless the pharmacy has met 1 of the following 
thresholds in the month for which the reporting is re-
quired: 
‘‘(A) 100 or more prescriptions dispensed. 
‘‘(B) 5,000 or more dosage units of all con-
trolled substances combined.’’. 
(d) ONLINE PRESCRIPTION REQUIREMENTS.— 
(1) IN GENERAL.—The Controlled Substances 
Act is amended by inserting after section 310 (21 
U.S.C. 830) the following: 
‘‘ADDITIONAL REQUIREMENTS RELATING TO ONLINE 
PHARMACIES AND TELEMEDICINE 
‘‘SEC. 311. (a) IN GENERAL.—An online pharmacy 
shall display in a visible and clear manner on its homepage 
a statement that it complies with the requirements of this
section with respect to the delivery or sale or offer for sale 
of controlled substances and shall at all times display on 
the homepage of its Internet site a declaration of compli-
ance in accordance with this section. 
‘‘(b) LICENSURE.—Each online pharmacy shall com-
ply with the requirements of State law concerning the li-
censure of pharmacies in each State from which it, and 
in each State to which it, delivers, distributes, or dispenses 
or offers to deliver, distribute, or dispense controlled sub-
stances by means of the Internet, pursuant to applicable 
licensure requirements, as determined by each such State. 
‘‘(c) INTERNET PHARMACY SITE DISCLOSURE IN-
FORMATION.—Each online pharmacy shall post in a visible 
and clear manner on the homepage of each Internet site 
it operates, or on a page directly linked thereto in which 
the hyperlink is also visible and clear on the homepage, 
the following information for each pharmacy that delivers, 
distributes, or dispenses controlled substances pursuant to 
orders made on, through, or on behalf of, that website: 
‘‘(1) The name and address of the pharmacy as 
it appears on the pharmacy’s Drug Enforcement Ad-
ministration certificate of registration. 
‘‘(2) The pharmacy’s telephone number and 
email address.
‘‘(3) The name, professional degree, and States 
of licensure of the pharmacist-in-charge, and a tele-
phone number at which the pharmacist-in-charge 
can be contacted. 
‘‘(4) A list of the States in which the pharmacy 
is licensed to dispense controlled substances. 
‘‘(5) A certification that the pharmacy is reg-
istered under this part to deliver, distribute, or dis-
pense by means of the Internet controlled sub-
stances. 
‘‘(6) The name, address, telephone number, 
professional degree, and States of licensure of any 
practitioner who has a contractual relationship to 
provide medical evaluations or issue prescriptions for 
controlled substances, through referrals from the 
website or at the request of the owner or operator 
of the website, or any employee or agent thereof. 
‘‘(7) The following statement, unless revised by 
the Attorney General by regulation: ‘This online 
pharmacy will only dispense a controlled substance 
to a person who has a valid prescription issued for 
a legitimate medical purpose based upon a medical 
relationship with a prescribing practitioner. This in-
cludes at least one prior in-person medical evalua-
tion or medical evaluation via telemedicine in accord-
ance with applicable requirements of section 309.’. 
‘‘(d) NOTIFICATION.— 
‘‘(1) IN GENERAL.—Thirty days prior to offer-
ing a controlled substance for sale, delivery, distribu-
tion, or dispensing, the online pharmacy shall notify 
the Attorney General, in such form and manner as 
the Attorney General shall determine, and the State 
boards of pharmacy in any States in which the on-
line pharmacy offers to sell, deliver, distribute, or 
dispense controlled substances. 
‘‘(2) CONTENTS.—The notification required 
under paragraph (1) shall include— 
‘‘(A) the information required to be posted 
on the online pharmacy’s Internet site under 
subsection (c) and shall notify the Attorney 
General and the applicable State boards of 
pharmacy, under penalty of perjury, that the 
information disclosed on its Internet site under 
subsection (c) is true and accurate; 
‘‘(B) the online pharmacy’s Internet site 
address and a certification that the online phar-
macy shall notify the Attorney General of any 
change in the address at least 30 days in ad-
vance; and
‘‘(C) the Drug Enforcement Administra-
tion registration numbers of any pharmacies 
and practitioners referred to in subsection (c), 
as applicable. 
‘‘(3) EXISTING ONLINE PHARMACIES.—An on-
line pharmacy that is already operational as of the 
effective date of this section, shall notify the Attor-
ney General and applicable State boards of phar-
macy in accordance with this subsection not later 
than 30 days after such date. 
‘‘(e) DECLARATION OF COMPLIANCE.—On and after 
the date on which it makes the notification under sub-
section (d), each online pharmacy shall display on the 
homepage of its Internet site, in such form as the Attorney 
General shall by regulation require, a declaration that it 
has made such notification to the Attorney General. 
‘‘(f) REPORTS.—Any statement, declaration, notifica-
tion, or disclosure required under this section shall be con-
sidered a report required to be kept under this part. 
‘‘(g) NOTICE AND DESIGNATIONS CONCERNING IN-
DIAN TRIBES.— 
‘‘(1) IN GENERAL.—For purposes of sections 
102(52) and 512(c)(6)(B), the Secretary shall notify 
the Attorney General, at such times and in such 
manner as the Secretary and the Attorney General
shall meet the applicable requirements under regulations 
promulgated by the Attorney General under this Act.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The table of contents for the Comprehen-
sive Drug Abuse Prevention and Control Act of 
1970 (Public Law 91–513; 84 Stat. 1236) is amend-
ed by inserting after the item relating to section 310 
the following: 
‘‘Sec. 311. Additional requirements relating to online pharmacies and telemedi-
cine.’’. 
(e) OFFENSES
INVOLVING
CONTROLLED
SUB-
STANCES IN SCHEDULES III, IV, AND V.—Section 401(b) 
of the Controlled Substances Act (21 U.S.C. 841(b)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D), by striking ‘‘or 
in the case of any controlled substance in 
schedule III (other than gamma hydroxybutyric 
acid), or 30 milligrams of flunitrazepam’’; and 
(B) by adding at the end the following: 
‘‘(E)(i) Except as provided in subparagraphs (C) and 
(D), in the case of any controlled substance in schedule 
III, such person shall be sentenced to a term of imprison-
ment of not more than 10 years and if death or serious 
bodily injury results from the use of such substance shall 
be sentenced to a term of imprisonment of not more than
15 years, a fine not to exceed the greater of that author-
ized in accordance with the provisions of title 18, United 
States Code, or $500,000 if the defendant is an individual 
or $2,500,000 if the defendant is other than an individual, 
or both. 
‘‘(ii) If any person commits such a violation after a 
prior conviction for a felony drug offense has become final, 
such person shall be sentenced to a term of imprisonment 
of not more than 20 years and if death or serious bodily 
injury results from the use of such substance shall be sen-
tenced to a term of imprisonment of not more than 30 
years, a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, United 
States Code, or $1,000,000 if the defendant is an indi-
vidual or $5,000,000 if the defendant is other than an in-
dividual, or both. 
‘‘(iii) Any sentence imposing a term of imprisonment 
under this subparagraph shall, in the absence of such a 
prior conviction, impose a term of supervised release of 
at least 2 years in addition to such term of imprisonment 
and shall, if there was such a prior conviction, impose a 
term of supervised release of at least 4 years in addition 
to such term of imprisonment.’’; 
(2) in paragraph (2)—
(A) by striking ‘‘3 years’’ and inserting ‘‘5 
years’’; 
(B) by striking ‘‘6 years’’ and inserting 
‘‘10 years’’; 
(C) by striking ‘‘after one or more prior 
convictions’’ and all that follows through ‘‘have 
become final,’’ and inserting ‘‘after a prior con-
viction for a felony drug offense has become 
final,’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘2 years’’ and inserting ‘‘4 
years’’; 
(B) by striking ‘‘after one or more convic-
tions’’ and all that follows through ‘‘have be-
come final,’’ and inserting ‘‘after a prior convic-
tion for a felony drug offense has become 
final,’’; and 
(C) by adding at the end the following 
‘‘Any sentence imposing a term of imprison-
ment under this paragraph may, if there was a 
prior conviction, impose a term of supervised 
release of not more than 1 year, in addition to 
such term of imprisonment.’’. 
(f) OFFENSES INVOLVING DISPENSING
OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.—
Section 401 of the Controlled Substances Act (21 U.S.C. 
841) is amended by adding at the end the following: 
‘‘(h) OFFENSES INVOLVING DISPENSING OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to knowingly or intentionally— 
‘‘(A) deliver, distribute, or dispense a con-
trolled substance by means of the Internet, ex-
cept as authorized by this title; or 
‘‘(B) aid or abet (as such terms are used 
in section 2 of title 18, United States Code) 
any activity described in subparagraph (A) that 
is not authorized by this title. 
‘‘(2) EXAMPLES.—Examples of activities that 
violate paragraph (1) include, but are not limited to, 
knowingly or intentionally— 
‘‘(A) delivering, distributing, or dispensing 
a controlled substance by means of the Internet 
by an online pharmacy that is not validly reg-
istered with a modification authorizing such ac-
tivity as required by section 303(f) (unless ex-
empt from such registration); 
‘‘(B) writing a prescription for a controlled 
substance for the purpose of delivery, distribu-
tion, or dispensation by means of the Internet 
in violation of section 309(e); 
‘‘(C) serving as an agent, intermediary, or 
other entity that causes the Internet to be used 
to bring together a buyer and seller to engage 
in the dispensing of a controlled substance in a 
manner not authorized by sections 303(f) or 
309(e); 
‘‘(D) offering to fill a prescription for a 
controlled substance based solely on a con-
sumer’s completion of an online medical ques-
tionnaire; and 
‘‘(E) making a material false, fictitious, or 
fraudulent statement or representation in a no-
tification or declaration under subsection (d) or 
(e), respectively, of section 311. 
‘‘(3) INAPPLICABILITY.— 
‘‘(A) This subsection does not apply to— 
‘‘(i) the delivery, distribution, or dis-
pensation of controlled substances by non-
practitioners to the extent authorized by 
their registration under this title; 
‘‘(ii) the placement on the Internet of 
material that merely advocates the use of 
a controlled substance or includes pricing
information without attempting to propose 
or facilitate an actual transaction involving 
a controlled substance; or 
‘‘(iii) except as provided in subpara-
graph (B), any activity that is limited to— 
‘‘(I) the provision of a tele-
communications service, or of an 
Internet access service or Internet in-
formation location tool (as those 
terms are defined in section 231 of 
the Communications Act of 1934); or 
‘‘(II) the transmission, storage, 
retrieval, 
hosting, 
formatting, 
or 
translation (or any combination there-
of) of a communication, without selec-
tion or alteration of the content of the 
communication, except that deletion of 
a particular communication or mate-
rial made by another person in a man-
ner consistent with section 230(c) of 
the Communications Act of 1934 shall 
not constitute such selection or alter-
ation of the content of the commu-
nication.
‘‘(B) The exceptions under subclauses (I) 
and (II) of subparagraph (A)(iii) shall not 
apply to a person acting in concert with a per-
son who violates paragraph (1). 
‘‘(4) KNOWING OR INTENTIONAL VIOLATION.— 
Any person who knowingly or intentionally violates 
this subsection shall be sentenced in accordance with 
subsection (b).’’. 
(g) PUBLICATION.—Section 403(c) of the Controlled 
Substances Act (21 U.S.C. 843(c)) is amended by— 
(1) striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 
(2) adding at the end the following: 
‘‘(2)(A) It shall be unlawful for any person to know-
ingly or intentionally use the Internet, or cause the Inter-
net to be used, to advertise the sale of, or to offer to sell, 
distribute, or dispense, a controlled substance where such 
sale, distribution, or dispensing is not authorized by this 
title or by the Controlled Substances Import and Export 
Act. 
‘‘(B) Examples of activities that violate subparagraph 
(A) include, but are not limited to, knowingly or inten-
tionally causing the placement on the Internet of an adver-
tisement that refers to or directs prospective buyers to 
Internet sellers of controlled substances who are not reg-
istered with a modification under section 303(f).
‘‘(C) Subparagraph (A) does not apply to material 
that either— 
‘‘(i) merely advertises the distribution of con-
trolled substances by nonpractitioners to the extent 
authorized by their registration under this title; or 
‘‘(ii) merely advocates the use of a controlled 
substance or includes pricing information without at-
tempting to facilitate an actual transaction involving 
a controlled substance.’’. 
(h) INJUNCTIVE RELIEF.—Section 512 of the Con-
trolled Substances Act (21 U.S.C. 882) is amended by 
adding at the end the following: 
‘‘(c) STATE CAUSE OF ACTION PERTAINING TO ON-
LINE PHARMACIES.— 
‘‘(1) IN GENERAL.—In any case in which the 
State has reason to believe that an interest of the 
residents of that State has been or is being threat-
ened or adversely affected by the action of a person, 
entity, or Internet site that violates the provisions of 
section 303(f), 309(e), or 311, the State may bring 
a civil action on behalf of such residents in a district 
court of the United States with appropriate jurisdic-
tion— 
‘‘(A) to enjoin the conduct which violates 
this section;
‘‘(B) to enforce compliance with this sec-
tion; 
‘‘(C) to obtain damages, restitution, or 
other compensation, including civil penalties 
under section 402(b); and 
‘‘(D) to obtain such other legal or equi-
table relief as the court may find appropriate. 
‘‘(2) SERVICE; INTERVENTION.— 
‘‘(A) Prior to filing a complaint under 
paragraph (1), the State shall serve a copy of 
the complaint upon the Attorney General and 
upon the United States Attorney for the judi-
cial district in which the complaint is to be 
filed. In any case where such prior service is 
not feasible, the State shall serve the complaint 
on the Attorney General and the appropriate 
United States Attorney on the same day that 
the State’s complaint is filed in Federal district 
court of the United States. Such proceedings 
shall be independent of, and not in lieu of, 
criminal prosecutions or any other proceedings 
under this title or any other laws of the United 
States. 
‘‘(B) Upon receiving notice respecting a 
civil action pursuant to this section, the United
States shall have the right to intervene in such 
action and, upon so intervening, to be heard on 
all matters arising therein, and to file petitions 
for appeal. 
‘‘(C) Service of a State’s complaint on the 
United States as required in this paragraph 
shall be made in accord with the requirements 
of rule 4(i)(1) of the Federal Rule of Civil Pro-
cedure. 
‘‘(3) POWERS CONFERRED BY STATE LAW.— 
For purposes of bringing any civil action under 
paragraph (1), nothing in this Act shall prevent an 
attorney general of a State from exercising the pow-
ers conferred on the attorney general of a State by 
the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the 
attendance of witnesses of or the production of docu-
mentary or other evidence. 
‘‘(4) VENUE.—Any civil action brought under 
paragraph (1) in a district court of the United 
States may be brought in the district in which the 
defendant is found, is an inhabitant, or transacts 
business or wherever venue is proper under section 
1391 of title 28, United States Code. Process in 
such action may be served in any district in which
the defendant is an inhabitant or in which the de-
fendant may be found. 
‘‘(5) NO PRIVATE RIGHT OF ACTION.—No pri-
vate right of action is created under this subsection. 
‘‘(6) LIMITATION.—No civil action may be 
brought under paragraph (1) against— 
‘‘(A) the United States; 
‘‘(B) an Indian Tribe or tribal organiza-
tion, to the extent such tribe or tribal organiza-
tion is lawfully carrying out a contract or com-
pact under the Indian Self-Determination and 
Education Assistance Act; or 
‘‘(C) any employee of the United States or 
such Indian tribe or tribal organization, pro-
vided such agent or employee is acting in the 
usual course of business or employment, and 
within the scope of the official duties of such 
agent or employee therewith.’’. 
(i) IMPORT AND EXPORT ACT.—Section 1010(b) of 
the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended— 
(1) in paragraph (4)— 
(A) by striking ‘‘or any quantity of a con-
trolled substance in schedule III, IV, or V, (ex-
cept a violation involving flunitrazepam and ex-
cept a violation involving gamma hydroxy-
butyric acid)’’; 
(B) by inserting ‘‘or’’ before ‘‘less than one 
kilogram of hashish oil’’; and 
(C) by striking ‘‘imprisoned’’ and all that 
follows through the end of the paragraph and 
inserting ‘‘sentenced in accordance with section 
401(b)(1)(D).’’; 
(2) by adding at the end the following: 
‘‘(5) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule III, such person 
shall be sentenced in accordance with section 401(b)(1). 
‘‘(6) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule IV, such person 
shall be sentenced in accordance with section 401(b)(2). 
‘‘(7) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule V, such person 
shall be sentenced in accordance with section 401(b)(3).’’; 
and 
(3) in paragraph (3), by striking ‘‘, nor shall a 
person so sentenced be eligible for parole during the 
term of such a sentence’’ in the final sentence. 
(j) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this Act shall
take effect 180 days after the date of enactment of 
this Act. 
(2) DEFINITION OF PRACTICE OF TELEMEDI-
CINE.— 
(A) IN GENERAL.—Until the earlier of 3 
months after the date on which regulations are 
promulgated to carry out section 311(h) of the 
Controlled Substances Act, as amended by this 
Act, or 15 months after the date of enactment 
of this Act— 
(i) the definition of the term ‘‘practice 
of telemedicine’’ in subparagraph (B) of 
this paragraph shall apply for purposes of 
the Controlled Substances Act; and 
(ii) the definition of the term ‘‘prac-
tice of telemedicine’’ in section 102(54) of 
the Controlled Substances Act, as amended 
by this Act, shall not apply. 
(B) TEMPORARY PHASE-IN OF TELEMEDI-
CINE REGULATION.—During the period speci-
fied in subparagraph (A), the term ‘‘practice of 
telemedicine’’ means the practice of medicine in 
accordance with applicable Federal and State 
laws by a practitioner (as that term is defined 
in section 102 of the Controlled Substances Act
(21 U.S.C. 802)) (other than a pharmacist) 
who is at a location remote from the patient 
and is communicating with the patient, or 
health care professional who is treating the pa-
tient, using a telecommunications system re-
ferred to in section 1834(m) of the Social Secu-
rity Act (42 U.S.C. 1395m(m)), if the practi-
tioner is using an interactive telecommuni-
cations system that satisfies the requirements 
of section 410.78(a)(3) of title 42, Code of Fed-
eral Regulations. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this subsection may be construed to create a 
precedent that any specific course of conduct 
constitutes the ‘‘practice of telemedicine’’ (as 
that term is defined in section 102(54) of the 
Controlled Substances Act, as amended by this 
Act) after the end of the period specified in 
subparagraph (A). 
(k) GUIDELINES AND REGULATIONS.— 
(1) IN GENERAL.—The Attorney General may 
promulgate and enforce any rules, regulations, and 
procedures which may be necessary and appropriate 
for the efficient execution of functions under this 
Act or the amendments made by this Act, and, with
the concurrence of the Secretary of Health and 
Human Services where this Act or the amendments 
made by this Act so provide, promulgate any interim 
rules necessary for the implementation of this Act or 
the amendments made by this Act, prior to its effec-
tive date. 
(2) SENTENCING
GUIDELINES.—The United 
States Sentencing Commission, in determining 
whether to amend, or establish new, guidelines or 
policy statements, to conform the Federal sentencing 
guidelines and policy statements to this Act and the 
amendments made by this Act, should not construe 
any change in the maximum penalty for a violation 
involving a controlled substance in a particular 
schedule as being the sole reason to amend, or es-
tablish a new, guideline or policy statement. 
(l) ANNUAL REPORT.—Not later than 180 days after 
the date of enactment of this Act, and annually for 2 years 
after the initial report, the Drug Enforcement Administra-
tion, in consultation with the Department of State, shall 
submit to Congress a report describing— 
(1) the foreign supply chains and sources of 
controlled substances offered for sale without a valid 
prescription on the Internet;
(2) the efforts and strategy of the Drug En-
forcement Administration to decrease the foreign 
supply chain and sources of controlled substances of-
fered for sale without a valid prescription on the 
Internet; and 
(3) the efforts of the Drug Enforcement Ad-
ministration to work with domestic and multi-
national pharmaceutical companies and others to 
build international cooperation and a commitment to 
fight on a global scale the problem of distribution of 
controlled substances over the Internet without a 
valid prescription. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this 
Act shall be construed as authorizing, prohibiting, or lim-
iting the use of electronic prescriptions for controlled sub-
stances. 
Passed the House of Representatives September 23, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 6353 
AN ACT 
To amend the Controlled Substances Act to address 
online pharmacies.