TITLE 1--SUBCHAPTER S EXPANSION (Senate - July 22, 1999)[/align]

Summary of the Methamphetamine Anti-Proliferation Act of 1999

Sec. 1. Short Title.
Methamphetamine Anti-Proliferation Act of 1999

Sec. 2. Manufacture and Distribution of Amphetamine and Methamphetamine.

Section 1 amends title 21 U.S.C. 841(b)(1) to make the statutory punishment for the manufacture and distribution of amphetamine the same as that of methamphetamine.

Sec. 3. Import and Export of Amphetamine and Methamphetamine.

Section 2 amends the Import and Export Act (21 U.S.C. 960(b)) to make the statutory punishment for amphetamine the same as that of methamphetamine.

Sec. 4. Sentencing Guidelines.

Section 3 amends the Sentencing Guidelines to adjust the penalty for amphetamine to meet the penalty for methamphetamine. It also provides for a 6 level enhancement if the manufacturing either meth or amphetamine created a substantial risk of danger to the health and safety of a minor or incompetent.

Sec. 5. Advertisements For Drug Paraphernalia and Schedule I Controlled Substances.

Section 8 amends 21 U.S.C. 863 (drug paraphernalia statute) to prohibit direct or indirect advertisements for the sale of paraphernalia. It defines advertisements for sale to include the use of any communication facility to post or publicize in any way any matter, including a telephone number or electronic or mail address, knowing that such matter has the purpose of seeking or offering, or is designed to be used, to receive, buy, distribute, or otherwise facilitate a transaction.

It also amends 21 U.S.C. 843(c) to prohibit direct or indirect advertising for the sale of a Schedule I Controlled Substance. The current statute arguably only prohibited the direct advertising of a schedule I drug in the print media.

Sec. 6. Continuing Criminal Enterprise.

Section 11 amends the Continuing Criminal Enterprise statute (21 U.S.C. 848) by replacing the phrase `continuing series of violations of' with the phrase `continuing series of 3 or more acts made punishable by.' This change is in response to the recent Supreme Court case Richardson v. United States (decided June 1, 1999) where the Court held that a jury in a CCE case must unanimously agree not only that the defendant committed some `continuing series of violations,' but also about which specific `violations' make up that `continuing series.' There was previously a split among the circuits (the 4th Circuit and the D.C. Circuit both had ruled unanimity with respect to particular `violations' was not required).

Sec. 7. Mandatory Restitution for Meth Lab Clean-Up.

Section 7 makes reimbursement for the costs incurred by the U.S. or State and local governments for the cleanup associated with the manufacture of amphetamine or methamphetamine mandatory. It also provides that the restitution money will go to the Asset Forfeiture Fund instead of the treasury.

Sec. 8. Endangering Human Life or the Environment While Illegally Manufacturing Amphetamine or Methamphetamine.

Section 8 increases the penalty under 21 U.S.C. 858 to not less than 10 years for manufacturing or trafficking a controlled substance that creates a substantial risk of harm to human life or the environment. It creates a rebuttable presumption that the manufacturing of amphetamine or methamphetamine constitutes the creation of a substantial risk of harm to human life and the environment.

Sec. 9. Criminal Prohibition on Distribution of Certain Information Relating to the Manufacture of Controlled Substances.

Section 9 prohibits teaching or demonstrating the manufacture or use of a Controlled Substance or distributing by any means information pertaining to the manufacture or use of a Controlled Substance (1) with the intent that this information be used for, or in furtherance of, an activity that constitutes a federal crime; or (2) knowing that such person intends to use this information for, or in furtherance of, an activity that constitutes a federal crime. The penalty for violation is not more than 10 years in prison.