Page:United States Statutes at Large Volume 124.djvu/2886

 124 STAT. 2860 PUBLIC LAW 111–273—OCT. 12, 2010 LEGISLATIVE HISTORY—S. 3397: CONGRESSIONAL RECORD, Vol. 156 (2010): Aug. 3, considered and passed Senate. Sept. 29, considered and passed House, amended. Senate concurred in House amendment. who reside, or have resided, at such long-term care facilities in a manner that the Attorney General determines will provide effec- tive controls against diversion and be consistent with the public health and safety. ‘‘(4) If a person dies while lawfully in possession of a controlled substance for personal use, any person lawfully entitled to dispose of the decedent’s property may deliver the controlled substance to another person for the purpose of disposal under the same conditions as provided in paragraph (1) for an ultimate user.’’. (b) CONFORMING AMENDMENT.—Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended— (1) by striking the period at the end of paragraph (2) and inserting ‘‘; or’’; and (2) by adding at the end the following: ‘‘(3) the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 302(g).’’. SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure that the guidelines and policy state- ments provide an appropriate penalty increase of up to 2 offense levels above the sentence otherwise applicable in Part D of the Guidelines Manual if a person is convicted of a drug offense resulting from the authorization of that person to receive scheduled substances from an ultimate user or long-term care facility as set forth in the amendments made by section 3. Approved October 12, 2010. 28 USC 994.