I 
111TH CONGRESS 
1ST SESSION H. R. 2469 
To amend the Controlled Substances Act to enhance criminal penalties for 
drug trafficking offenses relating to distribution of heroin, marihuana, 
and methamphetamine and distribution to and use of children, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2009 
Mr. POE of Texas (for himself, Mr. BURTON of Indiana, Mr. MCCAUL, Mr. 
COBLE, Mr. CHAFFETZ, Mr. SOUDER, and Mr. GALLEGLY) 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Controlled Substances Act to enhance criminal 
penalties for drug trafficking offenses relating to dis-
tribution of heroin, marihuana, and methamphetamine 
and distribution to and use of children, 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 ‘‘Drug Trafficking 
Elimination Act of 2009’’. 
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TITLE I—CRIMINAL 
ENHANCEMENTS 
SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MAN-
UFACTURING, DISTRIBUTING, DISPENSING, 
OR POSSESSING WITH INTENT TO MANUFAC-
TURE, 
DISTRIBUTE, 
OR 
POSSESS 
LARGE 
AMOUNTS OF HEROIN, MARIHUANA, AND 
METHAMPHETAMINE. 
Section 401(b)(1) of the Controlled Substances Act 
(21 U.S.C. 841(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a violation of subsection (a) of 
this section involving— 
‘‘(i) more than 10 kilograms of a mixture or 
substance containing a detectable amount of heroin; 
‘‘(ii) more than 10,000 kilograms of a mixture 
or substance containing a detectable amount of mar-
ihuana, or more than 10,000 marihuana plants re-
gardless of weight; or 
‘‘(iii) more than 500 grams of methamphet-
amine, its salts, isomers, and salts of its isomers or 
more than 1.5 kilograms of a mixture or substance 
containing a detectable amount of methamphet-
amine, its salts, isomers, or salts of its isomers, 
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such person shall be subject to the same penalties as appli-
cable under subparagraph (A) of this paragraph, except 
that such person shall be sentenced to a term of imprison-
ment which may not be less than 20 years.’’. 
SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IM-
PORTATION AND EXPORTATION OF LARGE 
AMOUNTS OF HEROIN, MARIHUANA, AND 
METHAMPHETAMINE. 
Section 1010(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(b)) is amended by adding 
at the end the following: 
‘‘(8) In the case of a violation of subsection (a) of 
this section involving— 
‘‘(A) more than 10 kilograms of a mixture or 
substance containing a detectable amount of heroin; 
‘‘(B) more than 10,000 kilograms of a mixture 
or substance containing a detectable amount of mar-
ihuana; or 
‘‘(C) more than 500 grams of methamphet-
amine, its salts, isomers, and salts of its isomers or 
more than 1.5 kilograms of a mixture or substance 
containing a detectable amount of methamphet-
amine, its salts, isomers, or salts of its isomers, 
the person committing such violation shall be subject to 
the same penalties as applicable under paragraph (1) of 
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this subsection, except that such person shall be sentenced 
to a term of imprisonment which may not be less than 
20 years.’’. 
SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON 
FEDERAL PROPERTY. 
Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended to read as follows: 
‘‘(5) MANUFACTURE OR CULTIVATION ON FEDERAL 
PROPERTY.—Any person who violates subsection (a) of 
this section by manufacturing or cultivating a controlled 
substance on Federal property shall be imprisoned for a 
term of not more than 10 years, which shall be imposed 
consecutively and in addition to the penalty imposed under 
paragraph (1).’’. 
SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL 
LAND. 
Section 401(b)(6) of the Controlled Substances Act 
(21 U.S.C. 841(b)(6)) is amended to read as follows: 
‘‘(6) USE OF HAZARDOUS SUBSTANCES.—Any per-
son who violates subsection (a) and knowingly uses a poi-
son, chemical, or other hazardous substance on Federal 
land, and by such use— 
‘‘(A) creates a serious hazard to humans, wild-
life, or domestic animals; 
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‘‘(B) degrades or harms the environment or 
natural resources; or 
‘‘(C) pollutes an aquifer, spring, stream, river, 
or body of water, 
shall be imprisoned for a term of not more than 5 years, 
which shall be imposed consecutively and in addition to 
the penalty imposed under paragraphs (1) and (5).’’. 
SEC. 105. LISTED CHEMICALS. 
Section 401(c) of the Controlled Substances Act (21 
U.S.C. 841(c)) is amended by striking ‘‘20 years’’ and ‘‘10 
years’’ and inserting ‘‘30 years’’ and ‘‘20 years’’, respec-
tively. 
SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED 
TO DRUG TRAFFICKING, AND DANGEROUS 
DRUG TRAFFICKING ORGANIZATIONS. 
(a) MURDER AND OTHER VIOLENT CRIMES COM-
MITTED DURING AND IN RELATION TO A DRUG TRAF-
FICKING CRIME.—Part D of the Controlled Substances 
Act (21 U.S.C. 841 et seq.) is amended by adding at the 
end the following new section: 
‘‘MURDER
AND
OTHER
VIOLENT
CRIMES
COMMITTED 
DURING AND IN RELATION TO A DRUG TRAFFICKING 
CRIME 
‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 
conspires, or attempts to commit, a crime of violence dur-
ing and in relation to a drug trafficking crime, shall, un-
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less the death penalty is otherwise imposed, in addition 
and consecutive to the punishment provided for the drug 
trafficking crime and in addition to being subject to a fine 
under title 18, United States Code— 
‘‘(1) if the crime of violence results in the death 
of any person, be sentenced to death or life in pris-
on; 
‘‘(2) if the crime of violence is kidnapping, ag-
gravated sexual abuse, or maiming, be imprisoned 
for life or any term of years not less than 30; 
‘‘(3) if the crime of violence is assault resulting 
in serious bodily injury, be imprisoned for life or any 
term of years not less than 20; and 
‘‘(4) in any other case, be imprisoned for life or 
for any term of years not less than 10. 
‘‘(b) VENUE.—A prosecution for a violation of this 
section may be brought in— 
‘‘(1) the judicial district in which the murder or 
other crime of violence occurred; or 
‘‘(2) any judicial district in which the drug traf-
ficking crime may be prosecuted. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘aggravated sexual abuse’ means 
an offense that, if committed in the special maritime 
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and territorial jurisdiction would be an offense under 
section 2241(a) of title 18, United States Code; 
‘‘(2) the term ‘crime of violence’ has the mean-
ing given that term in section 16 of title 18, United 
States Code; 
‘‘(3) the term ‘drug trafficking crime’ has the 
meaning given that term in section 924(c)(2) of title 
18, United States Code; and 
‘‘(4) the term ‘serious bodily injury’ has the 
meaning given that term in section 1365 of title 18, 
United States Code.’’. 
(b) DANGEROUS DRUG TRAFFICKING ORGANIZA-
TIONS.—Part D of such Act is further amended by adding 
after section 424, as added by subsection (a) of this sec-
tion, the following new section: 
‘‘DANGEROUS DRUG TRAFFICKING ORGANIZATIONS 
‘‘SEC. 425. (a) IN GENERAL.—Any person who know-
ingly engages in a dangerous drug trafficking organiza-
tion, as defined in subsection (b), shall be imprisoned for 
not less than 20 years nor more than life, fined in accord-
ance with the provisions of title 18, United States Code, 
or both. 
‘‘(b) DANGEROUS DRUG TRAFFICKING ORGANIZA-
TION DEFINED.—For purposes of this section, the term 
‘dangerous drug trafficking organization’ means a formal 
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or informal group, organization, or association of 5 or 
more individuals— 
‘‘(1) that has as one of its purposes the com-
mission of one or more drug trafficking crimes (as 
defined in section 924(c)(2) of title 18, United 
States Code); 
‘‘(2) one or more of the members of which com-
mit or have committed, in furtherance of such pur-
pose— 
‘‘(A) more than one violation of this part 
the punishment of which is a felony; and 
‘‘(B) 2 or more violations, in 2 or more 
separate criminal episodes, of section 424; and 
‘‘(3) the activities of which involve at least 50 
times the quantity of a substance described in sec-
tion 401(b)(1)(B). 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
jurisdiction over an offense under this section committed 
outside the United States if the individual committing the 
offense is a citizen of the United States or an alien law-
fully admitted to the United States for permanent resi-
dence (as defined in section 101(a)(20) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(20))).’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
for the Comprehensive Drug Abuse Prevention and Con-
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trol Act of 1970 is amended by inserting after the item 
relating to section 423 the following: 
‘‘Sec. 424. Murder and other violent crimes committed during and in relation 
to a drug trafficking crime. 
‘‘Sec. 425. Dangerous drug trafficking organizations.’’. 
TITLE 
II—PROTECTING 
CHIL-
DREN 
FROM 
DRUG 
TRAF-
FICKERS 
SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND 
PREGNANT PERSONS. 
(a) IN GENERAL.—Section 418 of the Controlled 
Substances Act (21 U.S.C. 859) is amended to read as 
follows: 
‘‘DISTRIBUTION TO PERSONS UNDER AGE 21 AND 
PREGNANT PERSONS 
‘‘SEC. 418. (a) DISTRIBUTION TO PERSONS UNDER 
21.—Except as provided in subsection (b), any person at 
least 18 years of age who violates section 401(a)(1) by 
distributing a controlled substance to a person under 21 
years of age shall be sentenced to a term of imprisonment 
of not less than 3 years nor more than 10 years in addition 
and consecutive to any punishment under section 401(b). 
The mandatory minimum sentencing provisions of this 
subsection shall not apply to offenses involving 5 grams 
or less of marihuana. 
‘‘(b) DISTRIBUTION TO PREGNANT PERSONS.—Ex-
cept as authorized by this title, any person who knowingly 
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provides or distributes any controlled substance to a preg-
nant individual in violation of any provision of this title 
shall be sentenced to a term of imprisonment of not less 
than 3 years nor more than 10 years in addition and con-
secutive to any punishment under section 401(b). 
‘‘(c) SECOND
OR SUBSEQUENT OFFENSES.—Any 
person at least 18 years of age who violates subsections 
(a) or (b) after a prior conviction under section 401(a) 
has become final shall be sentenced to a term of imprison-
ment of not less than 5 years nor more than 20 years 
in addition and consecutive to any punishment under sec-
tion 401(b). Penalties for third and subsequent convictions 
shall be governed by section 401(b)(1)(A).’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 418 in the table of contents for the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is 
amended to read as follows: 
‘‘Sec. 418. Distribution to persons under age 21 and pregnant persons.’’. 
SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. 
Section 419 of the Controlled Substances Act (21 
U.S.C. 860) is amended to read as follows: 
‘‘DISTRIBUTION IN OR NEAR SCHOOLS 
‘‘SEC. 419. (a) IN GENERAL.—Except as provided by 
subsection (b), whoever violates section 401(a)(1) or sec-
tion 416 by distributing, possessing with intent to dis-
tribute, or manufacturing a controlled substance in or on, 
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or within one thousand feet of, the real property com-
prising a public or private elementary, vocational, or sec-
ondary school or a public or private college, junior college, 
or university, or a playground, or housing facility owned 
by a public housing authority, or within 100 feet of a pub-
lic or private youth center, public swimming pool, or video 
arcade facility, shall be sentenced to a term of imprison-
ment of not less than 3 years nor more than 10 years 
in addition and consecutive to any punishment under sec-
tion 401(b). The mandatory minimum sentencing provi-
sions of this subsection shall not apply to offenses involv-
ing 5 grams or less of marihuana. 
‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Who-
ever violates subsection (a) after a prior conviction under 
section 401(a) has become final shall be sentenced to a 
term of imprisonment of not less than 5 years nor more 
than 20 years in addition and consecutive to any punish-
ment under section 401(b). Penalties for third and subse-
quent 
convictions 
shall 
be 
governed 
by 
section 
401(b)(1)(A). 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘playground’ means any outdoor 
facility (including any parking lot appurtenant 
thereto) intended for recreation, open to the public, 
and with any portion thereof containing three or 
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