II 

113TH CONGRESS 

1ST SESSION S. 1686 

To amend the Controlled Substances Act to provide enhanced penalties for 

marketing controlled substances to minors. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 12, 2013 

Mrs. FEINSTEIN (for herself and Mr. GRASSLEY) 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 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 ‘‘Saving Kids From 

5 Dangerous Drugs Act of 2013’’. 

6 SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES 

7 MARKETED TO MINORS. 

8 Section 401 of the Controlled Substances Act (21 

9 U.S.C. 841) is amended by adding at the end the fol10 lowing: 


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1 ‘‘(i) OFFENSES INVOLVING CONTROLLED SUB2 STANCES MARKETED TO MINORS.— 

3 ‘‘(1) UNLAWFUL ACT.—Except as authorized 

4 under this title, including paragraph (3), it shall be 

5 unlawful for any person at least 18 years of age 

6 to— 

7 ‘‘(A) knowingly or intentionally manufac8 ture or create a controlled substance listed in 

9 schedule I or II that is— 

10 ‘‘(i) combined with a beverage or 

11 candy product; 

12 ‘‘(ii) marketed or packaged to appear 

13 similar to a beverage or candy product; or 

14 ‘‘(iii) modified by flavoring or color15 ing; and 

16 ‘‘(B) know, or have reasonable cause to be17 lieve, that the combined, marketed, packaged, 

18 or modified controlled substance will be distrib19 uted, dispensed, or sold to a person under 18 

20 years of age. 

21 ‘‘(2) PENALTIES.—Except as provided in sec22 tion 418, 419, or 420, any person who violates para23 graph (1) of this subsection shall be subject to— 

24 ‘‘(A) an additional term of imprisonment 

25 of not more than 10 years for a first offense inVerDate Mar 15 2010 21:12 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1686.IS S1686

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1 volving the same controlled substance and 

2 schedule; and 

3 ‘‘(B) an additional term of imprisonment 

4 of not more than 20 years for a second or sub5 sequent offense involving the same controlled 

6 substance and schedule. 

7 ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not 

8 apply to any controlled substance that— 

9 ‘‘(A) has been approved by the Secretary 

10 under section 505 of the Federal Food, Drug, 

11 and Cosmetic Act (21 U.S.C. 355), if the con12 tents, marketing, and packaging of the con13 trolled substance have not been altered from the 

14 form approved by the Secretary; or 

15 ‘‘(B) has been altered at the direction of a 

16 practitioner who is acting for a legitimate med17 ical purpose in the usual course of professional 

18 practice.’’. 

19 SEC. 3. SENTENCING GUIDELINES. 

20 Pursuant to its authority under section 994 of title 

21 28, United States Code, and in accordance with this sec22 tion, the United States Sentencing Commission shall re23 view its guidelines and policy statements to ensure that 

24 the guidelines provide an appropriate additional penalty 

25 increase to the sentence otherwise applicable in Part D 


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1 of the Guidelines Manual if the defendant was convicted 

2 of a violation of section 401(i) of the Controlled Sub3 stances Act, as added by section 2 of this Act. 

Æ 


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