[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 513

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2011

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

_______________________________________________________________________

                                 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 ``Saving Kids From Dangerous Drugs Act 
of 2011''.

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 beverage or candy product;
                    ``(B) marketed or packaged to appear similar to a 
                beverage or 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 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) an additional term of imprisonment of not to 
                exceed 10 years for a first offense involving the same 
                controlled substance and schedule; and
                    ``(B) an additional term of imprisonment of not to 
                exceed 20 years 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 its guidelines and policy statements 
to ensure that the guidelines provide an appropriate additional penalty 
increase to 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.
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