[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7239 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7239

    To amend the Controlled Substances Act to enhance the penalties 
  applicable with respect to certain violations involving the use of 
interactive computer service to distribute a controlled substance, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2024

Mr. Pfluger (for himself, Mr. Moylan, Mr. Bacon, Mrs. Steel, Mr. Baird, 
and Mr. Crenshaw) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Controlled Substances Act to enhance the penalties 
  applicable with respect to certain violations involving the use of 
interactive computer service to distribute a controlled substance, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug-Free Social Media and Digital 
Communities Act of 2024''.

SEC. 2. PROHIBITION ON USE OF INTERACTIVE COMPUTER SERVICE TO 
              DISTRIBUTE A CONTROLLED SUBSTANCE.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 423 (21 U.S.C. 864) the following:

``SEC. 424. DISTRIBUTION THROUGH USE OF SOCIAL MEDIA.

    ``(a) In General.--
            ``(1) Term of imprisonment; fine.--Any person who violates 
        section 401(a)(1) by distributing, dispensing, or possessing 
        with intent to distribute or dispense a controlled substance 
        through the use of a interactive computer service shall be 
        subject to--
                    ``(A) twice the maximum term of imprisonment 
                authorized by section 401(b);
                    ``(B) at least twice any term of supervised release 
                authorized by section 401(b) for a first offense; and
                    ``(C) a fine up to twice that authorized by section 
                401(b) in addition to any term of imprisonment 
                authorized by this subsection.
            ``(2) Minimum sentence.--Except to the extent a greater 
        minimum sentence is otherwise provided by section 401(b), a 
        person sentenced under this subsection shall be sentenced to a 
        term of imprisonment of not less than 1 year, except that the 
        mandatory minimum sentencing requirement of this paragraph 
        shall not apply to offenses involving 5 grams or less of 
        marihuana.
            ``(3) Interactive computer service defined.--In this 
        subsection, the term `interactive computer service' means any 
        information service, system, or access software provider that 
        provides or enables computer access by multiple users to a 
        computer server, including specifically a service or system 
        that provides access to the Internet and such systems operated 
        or services offered by libraries or educational institutions.
    ``(b) Subsequent Offenses.--
            ``(1) Term of imprisonment.--Any person who commits a 
        violation described in subsection (a)(1), after a prior 
        conviction for a violation described in subsection (a)(1) has 
        become final, is punishable--
                    ``(A) by the greater of--
                            ``(i) a term of imprisonment of not less 
                        than 3 years and not more than life 
                        imprisonment; and
                            ``(ii) 3 times the maximum term of 
                        imprisonment authorized by section 401(b) for a 
                        first offense;
                    ``(B) by at least 3 times any term of supervised 
                release authorized by section 401(b) for a first 
                offense; and
                    ``(C) by a fine up to 3 times that authorized by 
                section 401(b) in addition to any term of imprisonment 
                authorized by this subsection.
            ``(2) Minimum sentence.--Except to the extent a greater 
        minimum sentence is otherwise provided by section 401(b), a 
        person sentenced under this subsection shall be sentenced to a 
        term of imprisonment of not less than 3 years, except that 
        penalties for third and subsequent convictions shall be 
        governed by section 401(b)(1)(A).''.
    (b) Clerical Amendment.--The table of contents for the Controlled 
Substances Act (21 U.S.C. 801 et seq.) is amended by adding after the 
item relating to section 423 the following:

``Sec. 424. Distribution through use of social media.''.
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