[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Reported in Senate (RS)]






                                                       Calendar No. 908
110th CONGRESS
  2d Session
                                S. 1211

 To amend the Controlled Substances Act to provide enhanced penalties 
             for marketing controlled substances to minors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2007

Mrs. Feinstein (for herself, Mr. Grassley, and Mr. Johnson) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

                July 29 (legislative day, July 28), 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to provide enhanced penalties 
             for marketing controlled substances to minors.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Saving Kids from Dangerous 
Drugs Act of 2007''.</DELETED>

<DELETED>SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING CONTROLLED 
              SUBSTANCES TO MINORS.</DELETED>

<DELETED>    Section 418 of the Controlled Substances Act (21 U.S.C. 
859) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by adding at the end 
        the following: ``; marketing to minors'';</DELETED>
        <DELETED>    (2) in subsection (a), by inserting after 
        ``twenty-one years of age'' the following: ``, or who 
        manufactures, creates, distributes, or possesses with intent to 
        distribute a controlled substance that is flavored, colored, 
        packaged, or otherwise altered in a way that is designed to 
        make that controlled substance more appealing to a person under 
        twenty-one years of age, or who attempts or conspires to do 
        so,''; and</DELETED>
        <DELETED>    (3) in subsection (b), by inserting after 
        ``twenty-one years of age'' the following: ``, or who 
        manufactures, creates, distributes, or possesses with intent to 
        distribute a controlled substance that is flavored, colored, 
        packaged, or otherwise altered in a way that is designed to 
        make that controlled substance more appealing to a person under 
        twenty-one years of age, or who attempts or conspires to do 
        so,''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saving Kids from Dangerous Drugs Act 
of 2008''.

SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
    ``(h) Offenses Involving Controlled Substances Marketed to 
Minors.--
            ``(1) Unlawful acts.--Except as authorized under this 
        title, including paragraph (3), it shall be unlawful for any 
        person at least 18 years of age to knowingly or intentionally 
        manufacture, create, distribute, dispense, or possess with 
        intent to manufacture, create, distribute, or dispense, a 
        controlled substance listed in schedule I or II that is--
                    ``(A) combined with a candy product;
                    ``(B) marketed or packaged to appear similar to a 
                candy product; or
                    ``(C) modified by flavoring or coloring the 
                controlled substance with the intent to distribute, 
                dispense, or sell the controlled substance to a person 
                under 21 years of age.
            ``(2) Penalties.--
                    ``(A) In general.--Except as provided in section 
                418, 419, or 420, any person who violates paragraph (1) 
                of this subsection shall be subject to--
                            ``(i) 2 times the maximum punishment and at 
                        least 2 times any term of supervised release 
                        authorized by subsection (b) of this section 
                        for a first offense involving the same 
                        controlled substance and schedule; and
                            ``(ii) 3 times the maximum punishment and 
                        at least 3 times any term of supervised release 
                        authorized by subsection (b) of this section 
                        for a second or subsequent offense involving 
                        the same controlled substance and schedule.
                    ``(B) Minimum sentences.--Except to the extent a 
                greater minimum sentence is otherwise provided under 
                subsection (b), a term of imprisonment under this 
                subsection shall be not less than one year. This 
                subparagraph shall not apply to any offense involving 5 
                grams or less of marihuana.
            ``(3) Exceptions.--Paragraph (1) shall not apply to any 
        controlled substance that--
                    ``(A) has been approved by the Secretary under 
                section 505 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 355), if the contents, marketing, and 
                packaging of the controlled substance have not been 
                altered from the form approved by the Secretary; or
                    ``(B) has been altered at the direction of a 
                practitioner who is acting for a legitimate medical 
                purpose in the usual course of professional 
                practice.''.
                                                       Calendar No. 908

110th CONGRESS

  2d Session

                                S. 1211

_______________________________________________________________________

                                 A BILL

 To amend the Controlled Substances Act to provide enhanced penalties 
             for marketing controlled substances to minors.

_______________________________________________________________________

                July 29 (legislative day, July 28), 2008

                       Reported with an amendment