Page:United States Statutes at Large Volume 110 Part 5.djvu/734

 110 STAT. 3808 PUBLIC LAW 104-305—OCT. 13, 1996 28 USC 994 note. (3) SENTENCING GUIDELINES. — (A) AMENDMENT OF SENTENCING GUIDELINES.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam. (B) SUMMARY.—The United States Sentencing Commission shall submit to the Congress— (i) a summary of its review under subparagraph (A); and (ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A). (C) SERIOUS NATURE OF OFFENSES. —In carrying out this paragraph, the United States Sentencing Commission shall ensure tnat the sentencing guidelines for offenses involving flunitrazepam reflect the serious nature of such offenses. (c) INCREASED PENALTIES FOR UNLAWFUL SIMPLE POSSESSION OF FLUNITRAZEPAM. —Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after "exceeds 1 gram." the following: "Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both.^'. SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM. (a) STUDY. —The Administrator of the Drue Enforcement Administration shall, in consultation with other Federal and State agencies, as appropriate, conduct a study on the appropriateness and desirability of rescheduling flimitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) REPORT. — Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on the Judiciary of the House of Representatives and the Senate the results of me study conducted under subsection (a), together with any recommendations regarding rescheduling of flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.).

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