[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 258 Reported in Senate (RS)]

                                                       Calendar No. 477
111th CONGRESS
  2d Session
                                 S. 258

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

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

                             July 22, 2010

                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 2009''.</DELETED>

<DELETED>SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO 
              MINORS.</DELETED>

<DELETED>    Section 401 of the Controlled Substances Act (21 U.S.C. 
841) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Offenses Involving Controlled Substances Marketed to 
Minors.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) combined with a candy 
                product;</DELETED>
                <DELETED>    ``(B) marketed or packaged to appear 
                similar to a candy product; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Penalties.--Except as provided in section 
        418, 419, or 420, any person who violates paragraph (1) of this 
        subsection shall be subject to--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Exceptions.--Paragraph (1) shall not apply 
        to any controlled substance that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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.
                                                       Calendar No. 477

111th CONGRESS

  2d Session

                                 S. 258

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 22, 2010

                       Reported with an amendment