12 2 STA T .48 28 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 theA tt orn e yG ener al the a u thor iz ation o f that e m er g en c y p re s cription .‘ ‘ (j)CLARIF I C A T I ON CONC E RNIN GP RE S CRI P TION T RANSFERS. — Any transfer b et w een pharmacies of information relating to a prescription for a controlle d substance shall meet the applicable re q uirements under regulations promulgated by the Attorney Gen - eral under this Act. ’ ’. ( 2 ) TEC H NICAL AN D CONFOR M ING AMENDMENTS.—The table of contents for the Comprehensi v e D rug Abuse Prevention and Control Act of 1970 (Public L aw 91 –5 1 3;84S tat. 123 6 )is amended by inserting after the item relating to section 310 the following
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‘ Sec.31 1. Ad d it i onalr e qu ire m ent s relatin g to online ph armacies and telemedi - cine. ’ ’. (e) O FFENSES I N V OLVING CONTROLLED S UB STANCES IN SCHED- ULES III , I V , AND V.—Section 401(b) of the Controlled Substances Act (21 U .S.C. 841(b)) is amended— (1) in paragraph (1)— (A) in subparagraph (D), by stri k ing ‘‘or in the case of any controlled substance in schedule III (other than gamma hydro x ybutyric acid), or 30 milligrams of flunitrazepam’’; and ( B ) by adding at the end the following: ‘‘( E )(i) Except as provided in subparagraphs (C) and (D), in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $ 500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. ‘‘(ii) If any person commits such a violation after a prior convic- tion for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an indi- vidual or $5,000,000 if the defendant is other than an individual, or both. ‘‘(iii) Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.’’; (2) in paragraph (2)— (A) by striking ‘‘3 years’’ and inserting ‘‘5 years’’; (B) by striking ‘‘6 years’’ and inserting ‘‘10 years’’; (C) by striking ‘‘after one or more prior convictions’’ and all that follows through ‘‘have become final,’’ and inserting ‘‘after a prior conviction for a felony drug offense has become final,’’; and (3) in paragraph (3)— Penalti e s.R e gu lati o ns.
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