[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Senate]
[Page 14578]
[From the U.S. Government Publishing Office, www.gpo.gov]




              SAVING KIDS FROM DANGEROUS DRUGS ACT OF 2010

  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 477, S. 258.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 258) to amend the Controlled Substances Act to 
     provide enhanced penalties for marketing controlled 
     substances to minors.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Saving Kids From Dangerous 
     Drugs Act of 2010''.

     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 candy product;
       ``(B) marketed or packaged to appear similar to a candy 
     product; and
       ``(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) 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.''.

     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 and amend 
     the Federal sentencing guidelines and policy statements to 
     ensure that the guidelines provide an appropriate additional 
     penalty increase of up to 3 offense levels above 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.

  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the 
committee-reported substitute be agreed to, the bill, as amended, be 
read the third time and passed, the motions to reconsider be laid upon 
the table, with no intervening action or debate, and any statement 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 258), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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