[Congressional Record Volume 155, Number 9 (Thursday, January 15, 2009)]
[Senate]
[Pages S615-S616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Grassley, and Mr. Bayh):
  S. 258. A bill to amend the Controlled Substances Act to provide 
enhanced penalties for marketing controlled substances to minors; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce, along with 
Senators Grassley and Bayh, the Saving Kids from Dangerous Drugs Act of 
2009.
  Over the last 2 years, Federal, State, and local law enforcement have 
increasingly seen drug dealers flavoring and marketing their illegal 
drugs to appeal to minors, using techniques like combing drugs with 
candy and other flavorings to entice younger users. This bill would 
increase the criminal penalties that apply when criminals do this. This 
bill will ensure these appalling tactics are criminalized and severely 
punished.
  The problem of flavoring illegal drugs to entice minors is well 
documented. A 2007 USA Today Article entitled ``Flavored Meth Use on 
the Rise'' stated that ``reports of candy-flavored methamphetamine are 
emerging around the nation, stirring concern among police and abuse 
prevention experts that drug dealers are marketing the drug to younger 
people.''
  The flavoring of meth to appeal to minors is widespread across the 
Nation. In California, police have made repeated seizures of 
strawberry-flavored meth and local drug counselors warn that it also 
comes in cola, cherry, and orange flavors.
  Strawberry flavoring packets were found in a meth lab raid in 
Arkansas in May of 2007. Similar seizures of flavored meth have been 
made in Minnesota, Mississippi, Missouri, Nevada, North Carolina, 
Oregon, and Virginia. Two people were arrested for manufacturing cotton 
candy flavored meth in Colorado in March of 2008.
  The candying and flavoring of controlled substances is not limited to 
methamphetamine. As recently as March of this year, the DEA seized 1\1/
2\ pounds of strawberry flavored powdered cocaine in Modesto, CA.
  DEA agents in California have also purchased cocaine with lemon, 
coconut, and cinnamon flavoring. It has also documented other 
controlled substances like marijuana and hash oil infused into candy 
bars and soda pop.
  Drug dealers are even selling boxes of ``Pot Tarts'' that look 
exactly like commercial available Pop Tarts.
  Federal, State and local law enforcement all agree that such 
flavoring is done to entice more minors to use these illegal drugs.
  This bill would help address this growing problem by criminalizing 
the flavoring, coloring and marketing of such drugs and would impose 
enhanced penalties for these offenses.
  Under current law, there is already an enhanced penalty if someone 
distributes drugs to a minor. The maximum sentence is doubled, and 
tripled for a repeat offense, and there is a minimum of at least a year 
in prison. But this enhancement only applies if there is an actual 
distribution of the drug to a minor. Even possession with intent to 
distribute flavored or candied drugs doesn't qualify.
  This bill would fix this loophole. If someone manufactures, creates, 
distributes, or possesses with intent to distribute a schedule I or II 
controlled substance that is combined with a candy, marketed or 
packaged to appear similar to a candy product, or modified by flavoring 
or coloring with the intent to sell to a minor, they would face 
enhanced penalties.
  The bill sends a strong and clear message to drug dealers--if you 
flavor or candy up your drugs to make them more appealing to our 
children, there will be a very heavy price to pay. It will make drug 
dealers think twice before flavoring up their drugs, and punish them 
appropriately if they don't.
  The bill is supported by the National Narcotics Officers Association 
Coalition, which is comprised of 44 State narcotics officers' 
associations.
  I urge my colleagues to join me in supporting this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S616]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 258

       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 2009''.

     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, create, distribute, dispense, or possess 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; 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 21 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.''.
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