I 

118TH CONGRESS 

1ST SESSION H. R. 757 

To amend the Controlled Substances Act to prohibit manufacturing or distributing candy-flavored controlled substances for minors, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. BANKS introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act to prohibit manufacturing or distributing candy-flavored controlled substances for minors, and for other purposes. 

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’’. 


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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)— 

13 ‘‘(1) by manufacturing, creating, distributing, 

14 dispensing, 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 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H757.IH H757

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•HR 757 IH

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 (c) SENTENCING GUIDELINES.—Pursuant to its au4 thority under section 994 of title 28, United States Code, 

5 and in accordance with this section, the United States 

6 Sentencing Commission shall amend and review the Fed7 eral sentencing guidelines and policy statements to ensure 

8 that the guidelines provide for a penalty enhancement of 

9 not less than 2 offense levels for a violation of section 

10 401(a) of the Controlled Substances Act (21 U.S.C. 

11 841(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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