[Congressional Record Volume 161, Number 42 (Thursday, March 12, 2015)]
[Senate]
[Pages S1496-S1497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself and Mrs. Feinstein):
  S. 724. A bill to amend the Controlled Substances Act to provide 
enhanced penalties for marketing candy-flavored controlled substances 
to minors; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join Senator Grassley 
in re-introducing the Protecting Kids from Candy-Flavored Drugs Act of 
2015, formerly known as the Saving Kids from Dangerous Drugs Act.
  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 reports by law enforcement and by the media demonstrate the 
need for this legislation. Last year, a captain in the Drugs and Vice 
Division of an Oregon police department told my office that he 
``routinely encounter[s]'' ecstasy; it is ``often found packaged with 
cartoon characters on the labeling[,] shaped in pacifier form[,] or 
with the outline of various animals stamped [on the] drug when in pill 
form.'' He continued that `` `[c]andy' bracelets of MDMA [ecstasy] are 
also common. Various unique colors of pills are also frequently 
encountered with the clear intent to market and make the drug appealing 
to the young.''
  Also last year, a narcotics team member in an Oregon sheriff's office 
told my office that he frequently encounters gummy bears laced with 
Xanex. The ``only customers are juveniles,'' according to the officer. 
He noted that if a youth gets hooked, he will become a regular 
customer.
  Law enforcement has made several notable busts of large productions 
of candied or flavored drugs. In January 2013, 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. These dispensaries 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.''
  Around Halloween 2013, 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 2012, 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, CA. 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, CA, 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

[[Page S1497]]

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 10 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. Furthermore, a prosecutor who does not 
charge the separate crime of candying or flavoring a drug may still 
seek an enhancement at sentencing, under this bill.
  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.
  I am pleased that many of the leading national law enforcement and 
anti-drug organizations support this bill: the Fraternal Order of 
Police, the National District Attorneys Association, the Community 
Anti-Drug Coalitions of America, the Federal Law Enforcement Officers 
Association, and the National High Intensity Drug Trafficking Area, 
HIDTA, Directors' Association have all endorsed this legislation. The 
individuals that these organizations represent are on the front lines 
working to keep these drugs out of our communities.
  The Senate passed a similar version of this legislation by unanimous 
consent in the 111th Congress, but it was not considered in the House. 
The time is now for Congress to finish this work, and enact this bill 
into law.
  I urge my colleagues to join me and Senator Grassley in supporting 
this bill.
                                 ______