PLANT Act

Bill: 113-s-1889
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2013-12-20
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Crimes against property

Criminal procedure and sentencing

Drug trafficking and controlled substances

Firearms and explosives

Forests, forestry, trees

Hazardous wastes and toxic substances

Lakes and rivers

Land use and conservation

U.S. Sentencing Commission

Water quality
Latest action: action_date: 2013-12-20
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S9107-9108)

Summaries:
action_date: 2013-12-20
action_desc: Introduced in Senate
text: Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act - Amends the Controlled Substances Act to: (1) impose an additional term of up to ten years' imprisonment for cultivating or manufacturing controlled substances on federal property; (2) prohibit a person, while cultivating or manufacturing a controlled substance on federal property, from clear cutting timber or diverting, obstructing, or draining an aquifer, spring, stream, river or body of water; and (3) apply the prohibition against assembling, maintaining, or placing a booby trap on federal property where a controlled substance is being manufactured to federal property where a controlled substance is being cultivated. <p>Directs the U.S. Sentencing Commission to amend and review the Federal Sentencing Guidelines to provide for a penalty enhancement of not less than one offense level for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a controlled substance or a counterfeit substance while on federal property or intentionally trespassing on the property of another if such offense: (1) includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances; (2) creates a hazard to humans, wildlife, or domestic animals; (3) degrades or harms the environment or natural resources; (4) pollutes an aquifer, spring, stream, river, or body of water; (5) involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance; or (6) involves the possession of a firearm while cultivating or manufacturing controlled substances.</p>

tv_txt: II 113th CONGRESS 1st Session S. 1889 IN THE SENATE OF THE UNITED STATES December 20, 2013 Mrs. Feinstein (for herself and Mr. Hatch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the United States Sentencing Commission with respect to penalties for the unlawful production of a controlled substance on Federal property or intentional trespass on the property of another that causes environmental damage.

1. Short title This Act may be cited as the Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act . 2. Controlled Substances Act penalty amendments (a) Cultivating or manufacturing controlled substances on Federal property Section 401(b)(5) of the Controlled Substances Act ( 21 U.S.C. 841(b)(5) ) is amended, in the matter preceding subparagraph (A), by striking as provided in this subsection and inserting for not more than 10 years, in addition to any other term of imprisonment imposed under this subsection . (b) Use of hazardous substances Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend and review the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) while on Federal property or intentionally trespassing on the property of another if the offense— (1) includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances on Federal property; (2) creates a hazard to humans, wildlife, or domestic animals; (3) degrades or harms the environment or natural resources; or (4) pollutes an aquifer, spring, stream, river, or body of water. (c) Stream diversion or clear cutting on Federal property (1) Prohibition on stream diversion or clear cutting on Federal property Section 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) ), as amended by subsection (a), is amended by adding at the end the following: (8) Destruction of bodies of water Any person who violates subsection (a) in a manner that diverts, redirects, obstructs, or drains an aquifer, spring, stream, river, or body of water or clear cuts timber while cultivating or manufacturing a controlled substance on Federal property or while intentionally trespassing on the property of another shall be fined in accordance with title 18, United States Code. . (2) Federal sentencing guidelines enhancement Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance on Federal property or while intentionally trespassing on the property of another. (d) Booby traps on Federal land Section 401(d)(1) of the Controlled Substances Act ( 21 U.S.C. 841(d)(1) ) is amended by inserting cultivated, after is being . (e) Use or Possession of Firearms in Connection With Drug Offenses on Federal Lands Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the offense involves the possession of a firearm while cultivating or manufacturing controlled substances on Federal lands or intentionally trespassing on the property of another.