[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.
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