I 111th CONGRESS 2d Session S. 258 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.

1.

Short title

This Act may be cited as the Saving Kids From Dangerous Drugs Act of 2010.

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. .

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. Nancy Erickson, Secretary