New Federal Drug Laws, New Sentencing Guidelines

By Jeralyn, Section Crime Policy
Posted on Mon Jan 26, 2009 at 06:30:10 PM EST
Tags: sentencing guidelines (all tags)

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For those who hoped for a stop to the escalation of the war on drugs, this isn't your year. During 2008, Congress snuck a few new laws in, and today the Sentencing Commission released its proposed guideline amendments for 2009 (pdf), adding the new offenses and increased penalties. They will appear in tomorrow's federal register and there are 60 days to provide comments.

What's new?

Ryan Haight Online Pharmacy Consumer Protection Act of 2008. (starts at page 25)
Drug Trafficking Vessel Interdiction Act of 2008 (starts at page 30)

The first prohibits controlled substance sales and advertising over the internet. The second prohibits drug sales on submarines (ok submersible vessels, and the difference is explained here.)

The Act amends the Controlled Substances Act (21 U.S.C. § 801 et seq.) to create two new offenses involving controlled substances. The first is 21 U.S.C. § 841(h) (Offenses Involving Dispensing of Controlled Substances by Means of the Internet), which prohibits the delivery, distribution, or dispensing of controlled substances over the Internet without a valid prescription.

The applicable statutory maximum term of imprisonment is determined based upon the controlled substance being distributed. The second new offense is 21 U.S.C. § 843©(2)(A) (Prohibiting the Use of the Internet to Advertise for Sale a Controlled Substance), which prohibits the use of the Internet to advertise for sale a controlled substance. This offense has a statutory maximum term of imprisonment of four years.

In addition to the new offenses, the Act increased the statutory maximum terms of imprisonment for all Schedule III controlled substance offenses (from 5 years to 10 years), for all Schedule IV controlled substance offenses (from 3 years to 5 years), and for Schedule V controlled substance offenses if the offense is committed after a prior drug conviction (from 2 years to 5 years).

The Act added a sentencing enhancement for Schedule III controlled substance offenses where
“death or serious bodily injury results from the use of such substance.”

Among the questions the Commission seeks input on: What about hydrocodone?

The Commission requests comment regarding whether offenses involving hydrocodone substances are adequately add