; and (B) the defendant’s role was minor or minimal. Notwithstanding subsection (b)(1)(D) or paragraph (4) or (5) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section 404 of the Controlled Substances Act and section 3607 of title 18, United States Code. . (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended so that paragraph (5) reads as follows: (5) In the case of a violation of subsection (a) involving a controlled substance in schedule III, such person shall be sentenced in accordance with paragraphs (1) through (4) of this subsection and subsection (e). . (c) Clarifying original congressional intent regarding application of certain penalties Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended by adding at the end the following: (e) Clarifying original congressional intent regarding application of penalties under the controlled substances import and export act (1) The penalties set forth in paragraph (1) of subsection (b) apply only if— (A) type and quantity of the controlled or counterfeit substance violates paragraph (1) of subsection (b); and (B) the defendant was an organizer or leader of a drug trafficking organization. (2) The penalties set forth in paragraph (2) of subsection (b) apply only if— (A) the type and quantity of the controlled or counterfeit substance violates paragraph (2) of subsection (b); and (B) the defendant was an organizer, leader, manager, or supervisor of a drug trafficking organization. (3) The penalties set forth in paragraph (3) of subsection (b) apply only if— (A) the type and quantity of the controlled or counterfeit substance violates paragraph (1), (2), or (3) of subsection (b)