Page:United States Statutes at Large Volume 122.djvu/4852

 12 2 STA T .48 2 9PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 (A)bystrik i ng‘ ‘ 2 y ea rs ’ ’an d inserting ‘‘ 4 years’’ ( B ) by striking ‘‘a f ter o ne or m ore c on v ictions’’ and a l lt h at follo w s thro u gh ‘‘have become final , ’’ and inserting ‘‘after a p rior conviction for a felony drug offense has become final,’’; and ( C ) by adding at the end the following ‘‘Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment . ’’. (f) OF F ENS ES I N VOL V I N GD IS P ENSING OF CON TR OLLE DSUB- ST A N C ESB YM EANS OF T H E INTERNET. — Section 4 0 1 of the Controlled Substances Act (21 U .S.C. 8 41) is amended by adding at the end the following

‘‘(h) OFFENSES INVOLVING DISPENSING OF CONTROLLED SUB- STANCES BY MEANS OF THE INTERNET.— ‘‘(1) IN GENERAL.—It shall be unlawful for any person to knowingly or intentionally— ‘‘(A) deliver, distribute, or dispense a controlled sub- stance by means of the Internet, e x cept as authori z ed by this title; or ‘‘(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title. ‘‘(2) EX A M PLES.—Examples of activities that violate para- graph (1) include, but are not limited to, knowingly or inten- tionally— ‘‘(A) delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification author- izing such activity as re q uired by section 3 03(f) (unless exempt from such registration); ‘‘(B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 30 9 (e); ‘‘(C) serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections 303(f) or 309(e); ‘‘(D) offering to fill a prescription for a controlled sub- stance based solely on a consumer’s completion of an online medical questionnaire; and ‘‘(E) making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of section 311. ‘‘(3) INAPPLICABILITY.— ‘‘(A) T his subsection does not apply to— ‘‘(i) the delivery, distribution, or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this title; ‘‘(ii) the placement on the Internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance; or

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