[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8839 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8839
To amend the Controlled Substances Act to prohibit manufacturing or
distributing candy-flavored controlled substances for minors, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Mr. Banks (for himself, Mr. Donalds, Mr. LaTurner, Ms. Tenney, Mr.
Wilson of South Carolina, Mr. Babin, Mr. Newhouse, Mr. Meuser, Mr.
Higgins of Louisiana, Mr. Allen, Mrs. Greene of Georgia, Ms. Herrell,
Mr. Rosendale, Mr. Issa, Mr. Gibbs, Mr. Lamborn, Mr. Norman, Mr. Gooden
of Texas, Mr. Moore of Alabama, Mr. Jackson, and Mr. Austin Scott of
Georgia) 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
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A BILL
To amend the Controlled Substances Act to prohibit manufacturing or
distributing candy-flavored controlled substances for minors, and for
other purposes.
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 ``Protecting Kids from Candy-Flavored
Drugs Act''.
SEC. 2. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES
MANUFACTURED OR DISTRIBUTED FOR MINORS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by inserting after section 418 the following:
``manufacturing or distributing candy-flavored controlled substances
for minors
``Sec. 418a. (a) Except as provided in subsection (c) and in
section 418, 419, or 420, a person shall be subject to the penalty
described in subsection (b) if the person violates section 401(a)(1)--
``(1) by manufacturing, creating, distributing, dispensing,
or possessing with intent to distribute a controlled substance
listed in schedule I or II that is--
``(A) combined with a candy or beverage product;
``(B) marketed or packaged to appear similar to a
candy or beverage product; or
``(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
``(2) knowing, or having reasonable cause to believe, that
the controlled substance will be distributed, dispensed, or
sold to a person under 18 years of age.
``(b) The penalty described in this subsection is--
``(1) in the case of a first offense involving the same
controlled substance and schedule, an additional term of
imprisonment of not more than 10 years; and
``(2) in the case of a second or subsequent offense
involving the same controlled substance and schedule, an
additional term of imprisonment of not more than 20 years.
``(c) Subsection (a) shall not apply to any controlled substance
that--
``(1) 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
``(2) has been altered at the direction of a practitioner
who is acting for a legitimate medical purpose in the usual
course of professional practice.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513; 84 Stat. 1236) is amended by inserting after the item
relating to section 418 the following:
``Sec. 418a. Manufacturing or distributing candy-flavored controlled
substances for minors.''.
(c) 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 amend and review
the Federal sentencing guidelines and policy statements to ensure that
the guidelines provide for a penalty enhancement of not less than 2
offense levels for a violation of section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) if the defendant--
(1) manufactures, creates, distributes, dispenses, or
possesses with intent to distribute a controlled substance
listed in schedule I or II that is--
(A) combined with a candy or beverage product;
(B) marketed or packaged to appear similar to a
candy or beverage product; or
(C) modified by flavoring or coloring to appear
similar to a candy or beverage product; and
(2) knows, or has reasonable cause to believe, that the
controlled substance will be distributed, dispensed, or sold to
a person under 18 years of age.
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