Page:United States Statutes at Large Volume 114 Part 2.djvu/357

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1239 quantity of ephedrine, phenylpropanolamine, or pseudoephedrine possessed or distributed. (2) CONVERSION RATIOS.— For the purposes of the amendments made by this subsection, the quantity of controlled substance that could reasonably have been manufactured shall be determined by using a table of manufacturing conversion ratios for ephedrine, phenylpropanolamine, and pseudoephedrine, which table shall be established by the Sentencing Commission based on scientific, law enforcement, and other data the Sentencing Commission considers appropriate. (c) OTHER LIST I CHEMICALS. —In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving any list I chemical other than ephedrine, phenylpropanolamine, or pseudoephedrine, review and amend its guidelines to provide for increased penalties such that those penalties reflect the dangerous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving methamphetamine and amphetamine, including— (1) the rapidly growing incidence of controlled substance manufacturing; (2) the extreme danger inherent in manufacturing controlled substances; (3) the threat to public safety posed by manufacturing controlled substances; and (4) the recent increase in the importation, possession, and distribution of list I chemicals for the purpose of manufacturing controlled substances. (d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION. —The United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired. SEC. 3652. MAIL ORDER REQUIREMENTS. Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 830(b)(3)) is amended— (1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): "(A) As used in this paragraph: "(i) The term 'drug product' means an active ingredient in dosage form that has been approved or otherwise may be lawfully marketed under the Food, Drug, and Cosmetic Act for distribution in the United States. "(ii) The term 'valid prescription' means a prescription which is issued for a legitimate medical purpose by an individual practitioner licensed by law to administer and prescribe the drugs concerned and acting in the usual course of the practitioner's professional practice."; (3) in subparagraph (B), as so redesignated, by inserting "or who engages in an export transaction" after "nonregulated person"; and