II 

112TH CONGRESS 

1ST SESSION S. 513 

To amend the Controlled Substances Act to provide enhanced penalties for 

marketing controlled substances to minors. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2011 

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 2011’’. 

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

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

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

5 unlawful for any person at least 18 years of age to 

6 knowingly or intentionally manufacture or create, 

7 with intent to manufacture, create, distribute, or 

8 dispense, a controlled substance listed in schedule I 

9 or II that is— 

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

11 product; 

12 ‘‘(B) marketed or packaged to appear simi13 lar to a beverage or candy product; or 

14 ‘‘(C) modified by flavoring or coloring the 

15 controlled substance with the intent to dis16 tribute, dispense, or sell the controlled sub17 stance to a person under 18 years of age. 

18 ‘‘(2) PENALTIES.—Except as provided in sec19 tion 418, 419, or 420, any person who violates para20 graph (1) of this subsection shall be subject to— 

21 ‘‘(A) an additional term of imprisonment 

22 of not to exceed 10 years for a first offense in23 volving the same controlled substance and 

24 schedule; and 


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1 ‘‘(B) an additional term of imprisonment 

2 of not to exceed 20 years for a second or subse3 quent offense involving the same controlled sub4 stance and schedule. 

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

6 apply to any controlled substance that— 

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

8 under section 505 of the Federal Food, Drug, 

9 and Cosmetic Act (21 U.S.C. 355), if the con10 tents, marketing, and packaging of the con11 trolled substance have not been altered from the 

12 form approved by the Secretary; or 

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

14 practitioner who is acting for a legitimate med15 ical purpose in the usual course of professional 

16 practice.’’. 

17 SEC. 3. SENTENCING GUIDELINES. 

18 Pursuant to its authority under section 994 of title 

19 28, United States Code, and in accordance with this sec20 tion, the United States Sentencing Commission shall re21 view its guidelines and policy statements to ensure that 

22 the guidelines provide an appropriate additional penalty 

23 increase to the sentence otherwise applicable in Part D 

24 of the Guidelines Manual if the defendant was convicted 


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1 of a violation of section 401(h) of the Controlled Sub2 stances act, as added by section 2 of this Act. 

Æ 


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