US draft bill to tackle drug trafficking
Imposes fines of up to US$10m for a first offence
A short draft bill to prevent trafficking in counterfeit drugs in the US has been submitted by Senator Patrick Leahy, a democrat based in Vermont, to address the financial penalties of trafficking fake drugs, as well as providing sentencing guidelines.
The Counterfeit Drug Penalty Enhancement Act of 2011, an amendment to Section 2320(a) of title 18, United States Code, imposes a fine of up to US$4m on individuals for a first offence and $8m for repeat offences, as well as a jail term of up to 20 years for each offence. For those other than individuals, the fine would be $10m for a first offence and $20m for each repeat offence.
The Act directive to the US Sentencing Commission says the punishment must reflect the intent of Congress and the serious nature of the offences. It must also provide for an effective deterrent and appropriate punishment to prevent further offences.
In addition, the potential and actual harm to the public of each offence should be considered, as well as any aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges.