The Drug Trafficking Safe Harbor Elimination Act was a bill proposed to the 112th United States Congress in 2011. It was introduced to amend Section 846 of the Controlled Substances Act to close a loophole that has allowed many drug trafficking conspirators to avoid federal prosecution. The Drug Trafficking Safe Harbor Elimination Act would have made it a federal crime for persons who conspire on United States soil to traffic or aid and abet drug trafficking inside or even outside the borders of the United States. This Act was created to provide clarity to current laws within the United States and provide criminal prosecution of those who are involved in drug trafficking within the United States or outside its borders. This Act would have provided a borderless application to United States Law and extends possible criminal charges to all individuals involved in the drug transport. The bill passed the House but was not acted upon by the Senate and thus died.
History
The Drug Trafficking Safe Harbor Elimination Act was introduced to the House on January 18, 2011 by Representative Lamar S. Smith of Texas and Representative Adam B. Schiff of California. The proposed Drug Trafficking Safe Harbor Elimination Act, also known as H.R.131, would make it a federal crime for persons who conspire on United States soil or traffic outside the borders of the United States, as well as engage in conduct such as aiding or abetting. These criminal actions would be in violation of the current legislation under the Controlled Substances Act. The Act is to amend Section 846 within the Controlled Substances Act and is legally defined as, "Anyone who enters into a conspiracy to traffic or possess a controlled substance outside the United States or who aids and abets others in such crime within the United States, shall be subject to the same charges or penalties that would apply to conduct if it were to occur within the United States." This Act will not include a simple possession of a controlled substance." This amendment to the Controlled Substances Act is to "clarify conspiracies conducted within the United States which may lead to criminal prosecution of those involved within the United States."
The section within the Controlled Substances Act that is to be amended is Section 846. This Section, entitled Offenses and Penalties (21 U.S.C. 846) legally states that, "Any person who attempts or conspires to commit any offense defined in this 'subchapter' shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy." The Drug Trafficking Safe Harbor Elimination Act, if passed, will insert: ‘‘(a)’’ before ‘‘Any’’; and insert "Whoever, within the United States, conspires with one or more persons, or aids or abets one or more persons, regardless of where such other persons are located, to engage in conduct at any place outside the United States that would constitute a violation of this title if committed within the United States, shall be subject to the same penalties that would apply to such conduct if it were to occur within the United States.’’ This Act will close a current loophole in the Controlled Substances Act that has limited prosecution and regulation. Prior to this act, there was no punishment for individuals who were on United States soil who conspired to traffic drugs outside the borders into other countries. Several cases throughout the history of the United States have been dismissed due to the current Controlled Substances Act not covering conspiring or trafficking outside the United States through collaboration on United States soil.
The Drug Trafficking Safe Harbor Elimination Act provides a borderless application to the current Federal drug conspiracy and trafficking statute. The act, if passed, is intended to decrease crimes including conspiracy and drug trafficking while attempting to secure United States borders. Supporters report that this act will provide clarity in prosecution regarding conspiracy by persons within the United States, as well as persons who engage within the United States to aid or abet drug trafficking outside of the countries borders. The act itself is to reduce the involvement on United States soil in the ever increasing and borderless drug problem. This small change in the wording regarding the Controlled Substances Act provides clarity to past gray areas.