I 

111TH CONGRESS 

1ST SESSION H. R. 3702 

To amend the Controlled Substances Act to provide enhanced penalties for 

marketing controlled substances to minors. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2009 

Mr. BOOZMAN 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 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 ‘‘Stop Marketing Illegal 

5 Drugs to Minors Act’’. 

6 SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING 

7 CONTROLLED SUBSTANCES TO MINORS. 

8 Section 418 of the Controlled Substances Act (21 

9 U.S.C. 859) is amended— 


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1 (1) in the section heading, by adding at the end 

2 the following: ‘‘; MARKETING TO MINORS’’; 

3 (2) in subsection (a), by inserting after ‘‘twen4 ty-one years of age’’ the following: ‘‘, or who manu5 factures, creates, distributes, or possesses with in6 tent to distribute a controlled substance that is fla7 vored, colored, packaged, or otherwise altered in a 

8 way that is designed to make that controlled sub9 stance more appealing to a person under twenty-one 

10 years of age, or who attempts or conspires to do 

11 so,’’; 

12 (3) in subsection (b), by inserting after ‘‘twen13 ty-one years of age’’ the following: ‘‘, or who manu14 factures, creates, distributes, or possesses with in15 tent to distribute a controlled substance that is fla16 vored, colored, packaged, or otherwise altered in a 

17 way that is designed to make that controlled sub18 stance more appealing to a person under twenty-one 

19 years of age, or who attempts or conspires to do 

20 so,’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(c) If the controlled substance that is involved in 

23 an offense under this section is methamphetamine, its 

24 salts, isomers, and salts of its isomers or a mixture or 

25 substance containing a detectable amount of methamphetVerDate Nov 24 2008 07:13 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3702.IH H3702

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1 amine, its salts, isomers, or salts of its isomers, unless 

2 a greater term of imprisonment is imposed under another 

3 provision of this Act, the offender shall— 

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

5 ‘‘(A) if the amount of the methamphet6 amine involved is 50 grams or more or of the 

7 mixture involved is 500 grams or more, be fined 

8 not more than $8,000,000 if an individual and 

9 not more than $20,000,000 if a person other 

10 than an individual, and imprisoned for any 

11 term of years not less than 20, or for life; 

12 ‘‘(B) if the amount of methamphetamine 

13 involved is not less than 5 nor more than 50 

14 grams or of the mixture is not less than 50 

15 grams nor more than 500 grams, be fined not 

16 more than $4,000,000 if an individual and not 

17 more than $10,000,000 if a person other than 

18 an individual, and imprisoned for any term of 

19 years not less than 10, nor more than 80; and 

20 ‘‘(C) fined not more than $2,000,000 if an 

21 individual and not more than $10,000,000 if a 

22 person other than an individual, and imprisoned 

23 any term or years not less than 5 nor more 

24 than 40, in any other case; 

25 ‘‘(2) in the case of a second offense— 


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1 ‘‘(A) if the amount of the methamphet2 amine involved is 50 grams or more or of the 

3 mixture involved is 500 grams or more, be fined 

4 not more than $16,000,000 if an individual and 

5 not more than $40,000,000 if a person other 

6 than an individual, and imprisoned for any 

7 term of years not less than 40, or for life; 

8 ‘‘(B) if the amount of methamphetamine 

9 involved is not less than 5 but is less than 50 

10 grams or of the mixture is not less than 50 

11 grams but is less than 500 grams, be fined not 

12 more than $8,000,000 if an individual and not 

13 more than $20,000,000 if a person other than 

14 an individual, and imprisoned for any term of 

15 years not less than 20, or for life; and 

16 ‘‘(C) fined not more than $4,000,000 if an 

17 individual and not more than $20,000,000 if a 

18 person other than an individual, and imprisoned 

19 any term or years not less than 10 nor more 

20 than 60, in any other case; and 

21 ‘‘(3) in the case of a third or subsequent of22 fense— 

23 ‘‘(A) if the amount of the methamphet24 amine involved is 50 grams or more or of the 

25 mixture involved is 500 grams or more, be fined 


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1 not more than $32,000,000 if an individual and 

2 not more than $80,000,000 if a person other 

3 than an individual, and imprisoned for life; 

4 ‘‘(B) if the amount of methamphetamine 

5 involved is not less than 5 but is less than 50 

6 grams or of the mixture is not less than 50 

7 grams but is less than 500 grams, be fined not 

8 more than $16,000,000 if an individual and not 

9 more than $40,000,000 if a person other than 

10 an individual, and imprisoned for life; and 

11 ‘‘(C) fined not more than $8,000,000 if an 

12 individual and not more than $40,000,000 if a 

13 person other than an individual, and imprisoned 

14 for life, in any other case.’’. 

Æ 


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