[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3702 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3702

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2009

 Mr. Boozman introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Marketing Illegal Drugs to 
Minors Act''.

SEC. 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,'';
            (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,''; and
            (4) by adding at the end the following:
    ``(c) If the controlled substance that is involved in an offense 
under this section is methamphetamine, its salts, isomers, and salts of 
its isomers or a mixture or substance containing a detectable amount of 
methamphetamine, its salts, isomers, or salts of its isomers, unless a 
greater term of imprisonment is imposed under another provision of this 
Act, the offender shall--
            ``(1) in the case of a first offense--
                    ``(A) if the amount of the methamphetamine involved 
                is 50 grams or more or of the mixture involved is 500 
                grams or more, be fined not more than $8,000,000 if an 
                individual and not more than $20,000,000 if a person 
                other than an individual, and imprisoned for any term 
                of years not less than 20, or for life;
                    ``(B) if the amount of methamphetamine involved is 
                not less than 5 nor more than 50 grams or of the 
                mixture is not less than 50 grams nor more than 500 
                grams, be fined not more than $4,000,000 if an 
                individual and not more than $10,000,000 if a person 
                other than an individual, and imprisoned for any term 
                of years not less than 10, nor more than 80; and
                    ``(C) fined not more than $2,000,000 if an 
                individual and not more than $10,000,000 if a person 
                other than an individual, and imprisoned any term or 
                years not less than 5 nor more than 40, in any other 
                case;
            ``(2) in the case of a second offense--
                    ``(A) if the amount of the methamphetamine involved 
                is 50 grams or more or of the mixture involved is 500 
                grams or more, be fined not more than $16,000,000 if an 
                individual and not more than $40,000,000 if a person 
                other than an individual, and imprisoned for any term 
                of years not less than 40, or for life;
                    ``(B) if the amount of methamphetamine involved is 
                not less than 5 but is less than 50 grams or of the 
                mixture is not less than 50 grams but is less than 500 
                grams, be fined not more than $8,000,000 if an 
                individual and not more than $20,000,000 if a person 
                other than an individual, and imprisoned for any term 
                of years not less than 20, or for life; and
                    ``(C) fined not more than $4,000,000 if an 
                individual and not more than $20,000,000 if a person 
                other than an individual, and imprisoned any term or 
                years not less than 10 nor more than 60, in any other 
                case; and
            ``(3) in the case of a third or subsequent offense--
                    ``(A) if the amount of the methamphetamine involved 
                is 50 grams or more or of the mixture involved is 500 
                grams or more, be fined not more than $32,000,000 if an 
                individual and not more than $80,000,000 if a person 
                other than an individual, and imprisoned for life;
                    ``(B) if the amount of methamphetamine involved is 
                not less than 5 but is less than 50 grams or of the 
                mixture is not less than 50 grams but is less than 500 
                grams, be fined not more than $16,000,000 if an 
                individual and not more than $40,000,000 if a person 
                other than an individual, and imprisoned for life; and
                    ``(C) fined not more than $8,000,000 if an 
                individual and not more than $40,000,000 if a person 
                other than an individual, and imprisoned for life, in 
                any other case.''.
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