Page:United States Statutes at Large Volume 114 Part 2.djvu/356

 114 STAT. 1238 PUBLIC LAW 106-310—OCT. 17, 2000 pseudoephedrine and phenylpropanolamine products) as the Attorney General considers appropriate. (3) MATTERS CONSIDERED.—In preparing the report, the Attorney General shall consider the comments and recommendations including the comments on the Attorney General's proposed findings and recommendations, of State and local law enforcement and regulatory officials and of representatives of the industry described in subsection (a)(2). (c) REGULATION OF RETAIL SALES. — (1) IN GENERAL. —Notwithstanding section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) and subject to paragraph (2), the Attorney General shall establish by regulation a single-transaction limit of not less than 24 grams of ordinary, over-the-counter pseudoephedrine or phenylpropanolamine (as the case may be) for retail distributors, if the Attorney General finds, in the report under subsection (b), that— (A) there is a significant number of instances (as set forth in paragraph (3)(A) of such section 401(d) for purposes of such section) where ordinary, over-the-counter pseudoephedrine products, phenylpropanolamine products, or both such products that were purchased from retail distributors were widely used in the clandestine production of illicit drugs; and (B) the best practical method of preventing such use is the establishment of single-transaction limits for retail distributors of either or both of such products. (2) DUE PROCESS.— The Attorney General shall establish the single-transaction limit under paragraph (1) only after notice, comment, and an informal hearing. Subtitle B—Controlled Substances Generally 28 USC 994 note. SEC. 3651. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I CHEMICALS. (a) AMENDMENTS TO FEDERAL SENTENCING GUIDELINES.— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any violation of paragraph (1) or (2) of section 401(d) of the Controlled Substances Act (21 U.S.C. 841(d)) involving a list I chemical and any violation of paragraph (1) or (3) of section 1010(d) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) involving a hst I chemical. (b) EPHEDRINE, PHENYLPROPANOLAMINE, AND PSEUDOEPHEDRINE. — (1) IN GENERAL. —In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving ephedrine, phenylpropanolamine, or pseudoephedrine (including their salts, optical isomers, and salts of optical isomers), review and amend its guidelines to provide for increased penalties such that those penalties corresponded to the quantity of controlled substance that could reasonably have been manufactured using the

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