[Congressional Record Volume 157, Number 34 (Tuesday, March 8, 2011)]
[Senate]
[Pages S1410-S1411]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Grassley):
  S. 513. 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 
Senator Grassley, the Saving Kids From Dangerous Drugs Act of 2011.
  For years, law enforcement has seen drug dealers flavoring and 
marketing their illegal drugs to entice minors, using techniques like 
combining drugs with chocolate and fruit flavors, and even packaging 
them to look like actual candy and soda. This bill would address this 
serious and dangerous problem by providing stronger penalties when drug 
dealers alter controlled substances by combining them with beverages or 
candy products, marketing or packaging them to resemble legitimate 
products, or flavoring or coloring them with the intent to sell them to 
minors.
  Recent media reports demonstrate the need for this legislation. The 
Santa Cruz Sentinel had an article earlier this month about someone who 
is planning to market sodas laced with THC, the psychoactive component 
in marijuana. Some of his planned sodas include orange-flavored 
``Orange Krush'' and grape-flavored ``Grape Ape'' which actually was 
the name of a children's cartoon character!
  Regrettably, this is a problem that has persisted for many years, 
with drug dealers trying various methods of luring kids to try many 
dangerous drugs. For example, in March of 2008, Drug Enforcement 
Administration, DEA, agents seized cocaine near Modesto, California, 
that had been flavored like cinnamon, coconut, lemon and strawberry.
  Similarly, there have been many incidents involving methamphetamine. 
In a 2007 article entitled Flavored Meth Use on the Rise, USA Today 
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 size and sophistication of some of these operations is 
particularly alarming. In March of 2006, DEA discovered large-scale 
marijuana cultivation and production facilities in Emeryville and 
Oakland, California. Thousands of marijuana plants, and thousands of 
marijuana-related soda, candy, and other products were seized from the 
drug dealers' facilities. The products were designed and packaged to 
look like legitimate products, including an item called ``Munchy Way'' 
candy bars.
  Current law already provides an enhanced penalty if someone 
distributes drugs to a minor. Under this provision, the maximum 
sentence for the underlying distribution offense is doubled, and 
tripled if it is a repeat offense.
  Similarly, this bill would provide an enhanced penalty in those 
situations where drug dealers are altering controlled substances in 
ways that could make them more appealing to minors. Someone who is 
altering a controlled substance in ways prohibited by the legislation 
would be subject to a penalty of up to ten years, in addition to the 
penalty for the underlying offense. If someone commits a second offense 
prohibited by the act, they would be face an additional penalty of up 
to 20 years.
  This bill sends a strong and clear message to drug dealers--if you 
flavor or candy up your drugs to try to entice our children, there will 
be a very heavy price to pay. It will help stop drug dealers from 
engaging in these activities, and punish them appropriately if they 
don't.
  The Senate passed a similar version of this legislation in the last 
Congress, but it was not considered in the House.

[[Page S1411]]

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

                                 S. 513

       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.

  Mr. GRASSLEY. Mr. President, I am pleased to join my colleague, 
Senator Feinstein, in cosponsoring the Saving Kids from Dangerous Drugs 
Act of 2011. I believe we have an ongoing moral obligation to ensure 
our young people have every opportunity to grow up without being 
accosted by drug pushers at every turn, whether on TV, in the movies, 
or on the way to school.
  This bipartisan legislation--which has previously passed the Senate 
with unanimous consent--comes in response to ongoing warnings issued by 
the Drug Enforcement Administration, DEA, and the White House's Office 
of National Drug Control Policy, ONDCP, about highly addictive and 
dangerous drugs being colored, packaged, and flavored in ways that 
appear to be designed to attract use by children. As ranking member of 
the Committee on the Judiciary and cochairman of the Senate Drug 
Caucus, I can tell you that the most at-risk population for drug abuse 
is our young people. Sadly, recent youth surveys are indicating youth 
drug use is increasing. Research has shown time and again that if you 
can keep a child drug free until they turn 20, chances are very slim 
that they will ever try or become addicted to drugs. Unfortunately, 
unscrupulous drug dealers are all too aware of statistics like these 
and have developed new techniques and marketing gimmicks to lure in 
younger users. As a parent and grandparent, this is extremely 
troubling.
  Drug dealers are now flavoring and disguising drugs to make them 
appear and taste like candy. For instance, some drugs that have been 
recovered by the DEA and local law enforcement have been flavored to 
taste like strawberry and are known on the street as ``Strawberry 
Quick.'' Other flavors, such as lemon, coconut, cinnamon and chocolate 
are clearly being used to make highly addictive drugs like meth and 
cocaine seem less harmful and more appealing. Soft drinks are also 
being laced with THC, the active ingredient in marijuana, and marketed 
with names like ``Canna Cola'' and ``Doc Weed.'' Law enforcement has 
also recovered drugs that have unique designs which could be appealing 
to children. For example, Ecstasy pills imprinted with President 
Obama's likeness or with images of popular cartoon characters have been 
seized in raids. These flavored and disguised drugs are also being 
marketed in smaller amounts, making it cheaper and more accessible to 
children. According to an article in USA Today, at least 8 States have 
reported instances involving candy flavored drugs, and many law 
enforcement officials are expecting these deadly substances to 
infiltrate their States in the near future.
  The DEA has made an effort to stop these practices. For example, the 
DEA arrested three men in an undercover operation in California where 
candy flavored cocaine was being distributed. The DEA seized at least 
four different flavors of cocaine along with other dangerous 
substances. The estimated street value of the flavored cocaine seized 
in this operation was $272,400. The DEA also arrested 12 people in 
connection to a marijuana-laced candy and soft drink operation in 2006. 
The marijuana-laced candy that was seized in this operation was 
packaged to look like well known brand name candy bars. These drug 
busts further illustrate the fact that drug dealers will stop at 
nothing to hook a new generation on these deadly substances.
  Currently, Federal law enhances the criminal penalties that apply 
when a person sells drugs to anyone under the age of 21. When this 
occurs, the Federal penalties are doubled--or tripled for a repeat 
offense--and a mandatory minimum of at least 1 year must also apply. 
However, this penalty applies only to someone who actually sells drugs 
to someone under 21.
  The Saving Kids from Dangerous Drugs Act would increase the prison 
sentence to anyone who knowingly or intentionally manufactures or 
creates with the intent to distribute a controlled substance that has 
been flavored, colored, packaged or otherwise altered in a way that is 
designed to make it more appealing to a person under 18 years of age. 
The DEA busts are prime examples of why we need this bipartisan bill to 
keep drug dealers from peddling their poison to our children.
  The fight against deadly drugs is an ongoing struggle. In light of 
the fact that youth drug use is increasing we must do all we can to 
protect the most vulnerable among us. We must send a clear message to 
those wishing to prey on our youth that you risk serious prison time 
when you target our future.
  Although this bill was passed out of the Senate unanimously in 2010, 
the House never passed the bill in the 111th Congress. I ask that my 
colleagues join us again in support of this important legislation and 
pass the Saving Kids from Dangerous Drugs Act, and I encourage the 
House of Representatives to take up this important bill and help remove 
these dangerous candy flavored drugs from our communities.
                                 ______