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

1.

Short title

This Act may be cited as the Saving Kids from Dangerous Drugs Act of 2007.

2.

Sentencing enhancements for marketing controlled substances to minors

Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended— (1)in the section heading, by adding at the end the following: ; marketing to minors; (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 (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,.

1.

Short title

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

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. .

July 29 (legislative day, July 28), 2008 Reported with an amendment