Drug-Free Social Media and Digital Communities Act of 2024

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

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.

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.

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.

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.

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).

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: