What This Bill Does
This bill makes it illegal to knowingly possess a pill press mold (a tool used to stamp fake pills) if you intend to use it to manufacture fake Schedule I or II controlled substances. It also requires the Federal Sentencing Commission to increase penalties for people convicted of this new crime.
Who It Affects
People who knowingly possess pill press molds with intent to make counterfeit drugs in Schedule I or II. The Federal Sentencing Commission must also consider this law when updating sentencing guidelines.
Key Provisions
• It becomes a federal crime to knowingly possess a pill press mold with intent to manufacture counterfeit Schedule I or II substances in capsule, tablet, or other form for distribution, with punishments of up to 20 years in prison and fines under federal law (Sec. 2(a))
• A "pill press mold" is defined as any punch, die, plate, stone, or other object designed to print or imprint a trademark, trade name, or identifying mark onto a controlled substance or its container that makes it look like it came from a different manufacturer, distributor, or dispenser (Sec. 2(a))
• The Federal Sentencing Commission must increase sentencing guidelines by at least 2 offense levels for people convicted of the new pill press mold crime when connected to other drug manufacturing violations (Sec. 2(b))
What Changes
The law adds a new offense to the Controlled Substances Act making possession of pill press molds with criminal intent illegal, and judges will have stricter sentencing guidelines to follow.
Important Definitions
The bill defines "pill press mold" as any punch, die, plate, stone, or similar object used to stamp fake trademarks or brand names onto controlled substances to make them appear counterfeit.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1549
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
MARCH 10, 2023
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Criminalizing Abused
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Substance Templates Act of 2023’’.
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•HR 1549 IH
SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS.
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(a) PROHIBITION.—Section 401 of the Controlled
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Substances Act (21 U.S.C. 841) is amended by adding at
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the end the following:
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‘‘(i) OFFENSE REGARDING UNLAWFUL POSSESSION
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OF PILL PRESS MOLDS.—
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‘‘(1) IN
GENERAL.—Whoever, with intent to
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manufacture in violation of this title a counterfeit
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substance in schedule I or II in a capsule, tablet, or
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other form for distribution, knowingly possesses a
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pill press mold, shall be imprisoned not more than
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20 years and fined in accordance with title 18,
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United States Code.
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‘‘(2) DEFINITIONS.—In this subsection, the
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term ‘pill press mold’ means any punch, die, plate,
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stone, or other object designed to print, imprint, or
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reproduce on a controlled substance (or the con-
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tainer or labeling thereof) the trademark, trade
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name, or other identifying mark, imprint, number,
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or device, or any likeness thereof, of a manufacturer,
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distributor, or dispenser other than the person or
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persons who in fact manufactured, created, distrib-
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uted, or dispensed such product, thereby rendering
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it a counterfeit substance.’’.
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(b) SENTENCING GUIDELINES.—Pursuant to its au-
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thority under section 994 of title 28, United States Code,
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•HR 1549 IH
and in accordance with this section, the United States
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Sentencing Commission shall review and amend, as appro-
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priate, the Federal sentencing guidelines and policy state-
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ments to ensure that the guidelines provide for a penalty
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enhancement of not less than 2 offense levels above the
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offense level otherwise applicable for a violation of section
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401(a) of the Controlled Substances Act (21 U.S.C.
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841(a)) if the defendant is found, in connection with such
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violation of section 401(a), to be in violation of section
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401(i) of the Controlled Substances Act, as added by sub-
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section (a).
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Æ
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