Criminalizing Abused Substance Templates Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1303 To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 24, 2021 Mr. KUSTOFF (for himself and Ms. SPANBERGER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committee on Energy and Commerce, for a period to be sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit sub- stance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Criminalizing Abused 4 Substance Templates Act of 2021’’. 5 VerDate Sep 11 2014 03:59 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1303.IH H1303 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1303 IH SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. 1 (a) PROHIBITION.—Section 401 of the Controlled 2 Substances Act (21 U.S.C. 841) is amended by adding at 3 the end the following: 4 ‘‘(i) OFFENSE REGARDING UNLAWFUL POSSESSION 5 OF PILL PRESS MOLDS.— 6 ‘‘(1) IN GENERAL.—Whoever, with intent to 7 manufacture in violation of this title a counterfeit 8 substance in schedule I or II in a capsule, tablet, or 9 other form for distribution, knowingly possesses a 10 pill press mold, shall be imprisoned not more than 11 20 years and fined in accordance with title 18, 12 United States Code. 13 ‘‘(2) DEFINITIONS.—In this subsection, the 14 term ‘pill press mold’ means any punch, die, plate, 15 stone, or other object designed to print, imprint, or 16 reproduce on a controlled substance (or the con- 17 tainer or labeling thereof) the trademark, trade 18 name, or other identifying mark, imprint, number, 19 or device, or any likeness thereof, of a manufacturer, 20 distributor, or dispenser other than the person or 21 persons who in fact manufactured, created, distrib- 22 uted, or dispensed such product, thereby rendering 23 it a counterfeit substance.’’. 24 (b) SENTENCING GUIDELINES.—Pursuant to its au- 25 thority under section 994 of title 28, United States Code, 26 VerDate Sep 11 2014 03:59 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1303.IH H1303 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1303 IH and in accordance with this section, the United States 1 Sentencing Commission shall review and amend, as appro- 2 priate, the Federal sentencing guidelines and policy state- 3 ments to ensure that the guidelines provide for a penalty 4 enhancement of not less than 2 offense levels above the 5 offense level otherwise applicable for a violation of section 6 401(a) of the Controlled Substances Act (21 U.S.C. 7 841(a)) if the defendant is found, in connection with such 8 violation of section 401(a), to be in violation of section 9 401(i) of the Controlled Substances Act, as added by sub- 10 section (a). 11 Æ VerDate Sep 11 2014 03:59 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1303.IH H1303 kjohnson on DSK79L0C42PROD with BILLS