[Congressional Record Volume 159, Number 160 (Tuesday, November 12, 2013)]
[Senate]
[Pages S7961-S7962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Grassley):
  S. 1686. 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 re-introduce, along 
with Senator Grassley, the Saving Kids From Dangerous Drugs Act of 
2013.
  For years, law enforcement has seen drug dealers flavor and market 
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, all with the intent to sell the drugs to 
minors.
  Recent media reports demonstrate the need for this legislation. In 
January of this year, the Drug Enforcement Administration seized THC-
laden soft drinks, cookies, brownies, and candy from two phony medical 
marijuana dispensaries in my home state of California that grossed an 
estimated $3.5 million annually. The names of the products seized show 
how the purveyors of these drugs marketed them under names that 
resembled popular soda and candy products: bottles were labeled ``7 
High,'' ``Dr. Feelgood,'' and ``Laughing Lemonade''; cookies and 
brownies had such names as ``White Chip Hash Brownie'' and ``Reese's 
Crumbled Hash Brownie''; and candy was named ``Jolly Stones THC 
Medicated Hard Candies'' and ``Stone Candy.''
  Less than two weeks ago, police seized more than 40 pounds of THC-
laced candy from a campus apartment at West Chester University, outside 
of Philadelphia. This candy was vividly colored, in a virtual rainbow 
assortment--pink, yellow, orange, blue, and red. When college students 
are peddling these drugs, it is not hard to see how minors can become 
targets of the operation.
  Many recent incidents involve methamphetamine, a drug whose users 
face a ``very high'' risk of ``developing psychotic symptoms--
hallucinations and delusions,'' according to a recent Harvard Medical 
School publication. A 2007 article in USA Today entitled ``DEA: 
Flavored meth use on the rise'' stated that ``[r]eports 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.'' In March of last year, police 
in Chicago warned parents about a drug that ``looks and smells like 
candy,'' called ``strawberry quick'' or ``strawberry meth.'' Because of 
the drug's similarity to candy, police urged parents to tell their 
children not to take candy from anyone, not even a classmate.
  Regrettably, this is a problem that has persisted for many years, 
with drug dealers trying various methods to lure kids to try many 
dangerous drugs. The dealers' logic is simple: the best way to create a 
life-long customer is to hook that person when he or she is young. 
According to an Indiana sheriff quoted in a 2007 article entitled 
``Fruity meth aimed at kids,'' flavoring a drug like methamphetamine 
makes it ``more attractive to teens, because it takes away meth's 
normally bitter taste, and some dealers will tell potential users this 
meth is safer, and has less side effects.''
  That is why the practice of flavoring or coloring drugs to entice 
youth is so dangerous--it deceives the young customer into believing 
that he or she is not actually ingesting drugs, or at least not 
ingesting drugs that are as potent as non-flavored drugs. One in three 
teens already believes there is ``only a slight or no risk in trying 
[methamphetamine],'' according to the 2007 National Meth Use & 
Attitudes Survey. When you flavor methamphetamine or market it as candy 
or soda, the number of teens who believe that the drug is not harmful 
is surely higher.
  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 hundreds 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.
  Similarly, in March of 2008, Drug Enforcement Administration, DEA, 
agents seized cocaine near Modesto, California, that was valued at 
$272,400; a significant quantity had been flavored like cinnamon, 
coconut, lemon, or strawberry. After that raid, one DEA agent stated 
that ``[a]ttempting to lure new, younger customers to a dangerous drug 
by adding candy `flavors' is an unconscionable marketing technique.''
  I completely agree. That is why we need to act now to stop those who 
alter drugs to make them more appealing to youth.
  Under current federal law, there is no enhanced penalty for a person 
who alters a controlled substance to make the drug more appealing to 
youth. Someone who alters a controlled substance in ways prohibited by 
the legislation we are introducing today would be subject to an 
additional penalty of up to ten years, in addition to the penalty for 
the underlying offense. If someone is convicted of a second offense 
that is prohibited by the act, that person would 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 111th 
Congress, but it was not considered in the House. This year, I am 
pleased to have the support of many of the leading national law 
enforcement organizations as we try to get this bill over the finish 
line: the Major Cities Chiefs Association, the Fraternal Order of 
Police, the Community Anti-Drug Coalitions of America, the Major County 
Sheriffs' Association, the Federal Law Enforcement Officers 
Association, the National HIDTA Directors Association,

[[Page S7962]]

and the National District Attorneys Association have endorsed the 
legislation. They are on the front lines working to keep these drugs 
out of our communities, and I am proud to have their support.
  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. 1686

       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 2013''.

     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:
       ``(i) Offenses Involving Controlled Substances Marketed to 
     Minors.--
       ``(1) Unlawful act.--Except as authorized under this title, 
     including paragraph (3), it shall be unlawful for any person 
     at least 18 years of age to--
       ``(A) knowingly or intentionally manufacture or create a 
     controlled substance listed in schedule I or II that is--
       ``(i) combined with a beverage or candy product;
       ``(ii) marketed or packaged to appear similar to a beverage 
     or candy product; or
       ``(iii) modified by flavoring or coloring; and
       ``(B) know, or have reasonable cause to believe, that the 
     combined, marketed, packaged, or modified controlled 
     substance will be distributed, dispensed, or sold 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 more than 
     10 years for a first offense involving the same controlled 
     substance and schedule; and
       ``(B) an additional term of imprisonment of not more than 
     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(i) of the Controlled Substances Act, 
     as added by section 2 of this Act.

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