II 

115TH CONGRESS 

1ST SESSION S. 739 

To amend the Controlled Substances Act to provide enhanced penalties for 

marketing candy-flavored controlled substances to minors. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2017 

Mr. GRASSLEY (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to provide enhanced 

penalties for marketing candy-flavored controlled substances to minors. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Kids from 

5 Candy-Flavored Drugs Act of 2017’’. 


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1 SEC. 2. OFFENSES INVOLVING CANDY-FLAVORED CON2 TROLLED SUBSTANCES MANUFACTURED OR 

3 DISTRIBUTED FOR MINORS. 

4 (a) IN GENERAL.—Part D of the Controlled Sub5 stances Act (21 U.S.C. 841 et seq.) is amended by insert6 ing after section 418 the following: 

7 ‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED

8 CONTROLLED SUBSTANCES FOR MINORS

9 ‘‘SEC. 418a. (a) Except as provided in subsection (c) 

10 and in section 418, 419, or 420, a person shall be subject 

11 to the penalty described in subsection (b) if the person 

12 violates section 401(a)(1) by— 

13 ‘‘(1) manufacturing, creating, distributing, dis14 pensing, or possessing with intent to distribute a 

15 controlled substance listed in schedule I or II that 

16 is— 

17 ‘‘(A) combined with a candy or beverage 

18 product; 

19 ‘‘(B) marketed or packaged to appear simi20 lar to a candy or beverage product; or 

21 ‘‘(C) modified by flavoring or coloring to 

22 appear similar to a candy or beverage product; 

23 and 

24 ‘‘(2) knowing, or having reasonable cause to be25 lieve, that the controlled substance will be distribVerDate Sep 11 2014 01:12 Mar 30, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S739.IS S739

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1 uted, dispensed, or sold to a person under 18 years 

2 of age. 

3 ‘‘(b) The penalty described in this subsection is— 

4 ‘‘(1) in the case of a first offense involving the 

5 same controlled substance and schedule, an addi6 tional term of imprisonment of not more than 10 

7 years; and 

8 ‘‘(2) in the case of a second or subsequent of9 fense involving the same controlled substance and 

10 schedule, an additional term of imprisonment of not 

11 more than 20 years. 

12 ‘‘(c) Subsection (a) shall not apply to any controlled 

13 substance that— 

14 ‘‘(1) has been approved by the Secretary under 

15 section 505 of the Federal Food, Drug, and Cos16 metic Act (21 U.S.C. 355), if the contents, mar17 keting, and packaging of the controlled substance 

18 have not been altered from the form approved by the 

19 Secretary; or 

20 ‘‘(2) has been altered at the direction of a prac21 titioner who is acting for a legitimate medical pur22 pose in the usual course of professional practice.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of contents for the Comprehensive Drug Abuse 

25 Prevention and Control Act of 1970 (Public Law 91–513; 


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1 84 Stat. 1236) is amended by inserting after the item re2 lating to section 418 the following: 

‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances 

for minors.’’. 

3 SEC. 3. SENTENCING GUIDELINES. 

4 Pursuant to its authority under section 994 of title 

5 28, United States Code, and in accordance with this sec6 tion, the United States Sentencing Commission shall 

7 amend and review the Federal sentencing guidelines and 

8 policy statements to ensure that the guidelines provide for 

9 a penalty enhancement of not less than 2 offense levels 

10 for a violation of section 401(a) of the Controlled Sub11 stances Act (21 U.S.C. 841(a)) if the defendant— 

12 (1) manufactures, creates, distributes, dis13 penses, or possesses with intent to distribute a con14 trolled substance listed in schedule I or II that is— 

15 (A) combined with a candy or beverage 

16 product; 

17 (B) marketed or packaged to appear simi18 lar to a candy or beverage product; or 

19 (C) modified by flavoring or coloring to ap20 pear similar to a candy or beverage product; 

21 and 


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1 (2) knows, or has reasonable cause to believe, 

2 that the controlled substance will be distributed, dis3 pensed, or sold to a person under 18 years of age. 

Æ 


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