[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 258 Referred in House (RFH)]

111th CONGRESS
  2d Session
                                 S. 258


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

  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

_______________________________________________________________________

                                 AN ACT


 
 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 ``Saving Kids From Dangerous Drugs Act 
of 2010''.

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 or create, 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; and
                    ``(C) modified by flavoring or coloring the 
                controlled substance with the intent to distribute, 
                dispense, or sell the controlled substance to a person 
                under 18 years of age.
            ``(2) Penalties.--Except as provided in section 418, 419, 
        or 420, any person who violates paragraph (1) of this 
        subsection shall be subject to--
                    ``(A) 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
                    ``(B) 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.
            ``(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.''.

SEC. 3. SENTENCING GUIDELINES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend the Federal sentencing 
guidelines and policy statements to ensure that the guidelines provide 
an appropriate additional penalty increase of up to 3 offense levels 
above the sentence otherwise applicable in Part D of the Guidelines 
Manual if the defendant was convicted of a violation of section 401(h) 
of the Controlled Substances Act, as added by section 2 of this Act.

            Passed the Senate July 29, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.