The Controlled Substances Penalties Amendments Act of 1984, 98 Stat. 2068 (), generally enhanced the penalties for violations of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The 1984 legislation removed an ambiguity in the then-existing law by providing that a State drug felony conviction would trigger the provisions enhancing penalties for recidivists; it went further by providing that a Foreign drug felony conviction would have the same effect. Finally, the 1984 legislation doubled the penalties for distribution of controlled substances where the offense is committed on or within 1,000 feet of school property.
Disclosure of the Act The Controlled Substances Penalties Amendments Act was authored as two chapters entitled Controlled Substances Penalties and Diversion Control Amendments. The bill was passed on September 18, 1984 as the Dangerous Drug Diversion Control Act of 1984. The 98th U.S. Congressional session confirmed the drug enforcement legislation with a 392-1 majority vote endorsing the Controlled Substances Penalties Amendments.
Part A — Controlled Substances Penalties
This chapter is cited as the Controlled Substances Penalties Amendments Act of 1984 (1) Controlled Substances Act is amended and redesignated — (A) In the case of a violation of this section involving — (i) or more of a controlled substance in schedule I or schedule II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of — (I) coca leaves (II) a compound, manufacture, salt, derivative, or preparation of coca leaves (III) a chemical substance or substance chemically identical thereto (ii) or more of any other controlled substance in schedule I or II which is a narcotic drug (iii) or more of phencyclidine (PCP) (iv) or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both. (B) Controlled Substances Act is amended and redesignated — (i) striking out "which is a narcotic drug" in the first sentence and inserting in lieu thereof "except as provided in subparagraphs (A) and (C) (ii) striking out "$25,000" and "$50,000" and inserting in lieu thereof "$125,000" and "$250,000", respectively (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country" (C) Subparagraph (C), as redesignated above, by — (i) striking out "a controlled substance in schedule I or II which is not a narcotic drug" and inserting in lieu thereof "less than of marijuana, of hashish, or of hashish oil" and respectively (ii) striking out "$15,000" and "$30,000" and inserting in lieu thereof "$50,000" and "$100,000", respectively (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country" (2) Paragraph (2) as redesignated by — (A) striking out "$10,000" and "$20,000" and inserting in lieu thereof "$25,000" and "$50,000", respectively (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country" (3) Paragraph (3) as redesignated by — (A) striking out "$5,000" and "$10,000" and inserting in lieu thereof "$10,000" and "$20,000", respectively (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country" (4) Paragraph (4), by striking out "(1)(B)" and inserting in lieu thereof "(1)(C)" (5) By striking out paragraphs (5) and (6) (6) By adding at the end thereof the following: Any person who violates by cultivating a controlled substance on Federal property shall be fined not more than — (A) $500,000 if such person is an individual (B) $1,000,000 if such person is not an individual
Distribution In or Near Schools (a) Any person who violates by distributing a controlled substance in or on, or within of, the real property comprising a public or private elementary school or secondary school is punishable. (1) By a term of imprisonment, or fine, or both up to twice that authorized by this title (2) At least twice any special parole term authorized by this title for a first offense involving the same controlled substance and schedule (b) Any person who violates by distributing a controlled substance in or on, or within of, the real property comprising a public or private elementary or secondary school after a prior conviction or convictions have become final is punishable. (1) by a term of imprisonment of not less than three years and not more than life imprisonment (2) at least three times any special term authorized for a second or subsequent offense involving the same controlled substance and schedule (c) In the case of any sentence imposed, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted shall not be eligible for parole under section 4202 of Title 18 of the United States Code until the individual has served the minimum sentence required.
Controlled Substances Import and Export Act is amended and redesignated — (1) In the case of a violation of this section involving — (A) or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of (i) coca leaves (ii) a compound, manufacture, salt, derivative, or preparation of coca leaves (iii) a substance chemically identical thereto (B) or more of any other narcotic drug in schedule I or II (C) or more of phencyclidine (PCP) (D) or more of lysergic acid diethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both (2) Paragraph (2), as redesignated by — (A) striking out "narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "controlled substance in schedule I or II, the perfion committing such violation shall, except as provided in paragraphs (1) and (3) (B) striking out "$25,000" and inserting in lieu thereof "$125,000" (3) Paragraph (3), as redesignated by — (A) striking out "a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "less than of marihuana, less than of hashish, less than of hashish oil, or any quantity of a controlled substance in schedule III, schedule IV, or schedule V, the person committing such violation shall, except as provided in paragraph (4) (B) striking out "$15,000" and substituting "$50,000" Controlled Substances Import and Export Act is amended by striking out "the United States" and inserting in lieu thereof "a State, the United States, or a foreign country"
Part B — Diversion Control Amendments
(a) This part is cited as the Dangerous Drug Diversion Control Act of 1984 (b) Whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Act, and whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Import and Export Act. (a) Section 102 (21 U.S.C. 802) is amended by redesignating paragraphs (14) through (29) as paragraphs (15) through (30), respectively, and by adding after paragraph (13) the following: (14) The term 'isomer' means the optical isomer, except as used in schedule 1(c) and schedule II(a)(4). As used in schedule 1(c), the term 'isomer' means the optical, positional, or geometric isomer. As used in schedule II(a)(4), the term 'isomer' means the optical or geometric isomer." (b) Paragraph (17) of section 102 is amended to read as follows: (17) The term 'narcotic drug' means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis (A) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium. (B) Poppy straw and concentrate of poppy straw (C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed. (D) Cocaine, its salts, optical and geometric isomers, and salts of isomers. (E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers. (F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E). (c) Paragraph (a)(4) of schedule II is amended by inserting after "coca leaves" the first time it appears the following: "(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives)"
Section 201(g) (21 U.S.C. 811(g)) is amended by adding at the end the following: The Attorney General may, by regulation, exempt any compound, mixture, or preparation containing a controlled substance from the application of all or any part of this title if he finds such compound, mixture, or preparation meets the requirements of one of the following categories: (A) A mixture, or preparation containing a nonnarcotic controlled substance, which mixture or preparation is approved for prescription use, and which contains one or more other active ingredients which are not listed in any schedule and which are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse. (B) A compound, mixture, or preparation which contains any controlled substance, which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse.
Section 302(a) (21 U.S.C. 822(a)) is amended to read as follows: (1) Every person who manufactures or distributes any controlled substance, or who proposes to engage in the manufacture or distribution of any controlled substance, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him. (2) Every person who dispenses, or who proposes to dispense, any controlled substance, shall obtain from the Attorney General a registration issued in accordance with the rules and regulations promulgated by him. The Attorney General shall, by regulation, determine the period of such registrations. In no event, however, shall such registrations be issued for less than one year nor for more than three years.
Section 303(f) (21 U.S.C. 823(f)) is amended to read as follows: