Page:United States Statutes at Large Volume 100 Part 4.djvu/293

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-14

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"(ii) which has a stimulant, depressant, or hallucmogenic effect on the central nervous system that is substantially similar to or greater than the stimulent, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or "(iii) with respect to a particular person, which such person represents or intends to have a stimulent, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. "(B) Such term does not include— "(i) a controlled substance; "(ii) any substance for which there is an approved new drug application; "(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption; or "(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.".

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SEC. 1204. CLERICAL AMENDMENT.

The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 202 the following new item: "Sec. 203. Treatment of controlled substance analogues.".

Subtitle F—Continuing Drug Enterprise Act of 1986 ' '' SEC. 1251. SHORT TITLE.

This subtitle may be cited as the "Continuing Drug Enterprises Act of 1986". SEC. 1252. INCREASED PENALTIES.

Section 408(a) of the Controlled Substances Act (21 U.S.C. 848(a)) is amended— (1) by striking out "to a fine of not more than $100,000," and " " inserting in lieu thereof "to a fine not to exceed the greater of ., that authorized in accordance with the provisions of title 18, t x United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual,"; and (2) by striking out "to a fine of not more than $200,000," and ,l ^ inserting in lieu thereof "to a fine not to exceed the greater of " twice the amount authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual,". SEC. 1253. CONTINUING CRIMINAL ENTERPRISE ENHANCED PENALTIES.

Section 408 of the Controlled Substances Act (21 U.S.C. 848) is further amended— (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and

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Continuing Drug Enterprises Act of 1?86. 21 USC 801 note.

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