II 

Calendar No. 908 

110TH CONGRESS 

2D SESSION S. 1211 

To amend the Controlled Substances Act to provide enhanced penalties for 

marketing controlled substances to minors. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2007 

Mrs. FEINSTEIN (for herself, Mr. GRASSLEY, and Mr. JOHNSON) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

JULY 29 (legislative day, JULY 28), 2008 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 Dan5 gerous Drugs Act of 2007’’. 


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1 SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING 

2 CONTROLLED SUBSTANCES TO MINORS. 

3 Section 418 of the Controlled Substances Act (21 

4 U.S.C. 859) is amended— 

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

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

7 (2) in subsection (a), by inserting after ‘‘twen8 ty-one years of age’’ the following: ‘‘, or who manu9 factures, creates, distributes, or possesses with in10 tent to distribute a controlled substance that is fla11 vored, colored, packaged, or otherwise altered in a 

12 way that is designed to make that controlled sub13 stance more appealing to a person under twenty-one 

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

15 so,’’; and 

16 (3) in subsection (b), by inserting after ‘‘twen17 ty-one years of age’’ the following: ‘‘, or who manu18 factures, creates, distributes, or possesses with in19 tent to distribute a controlled substance that is fla20 vored, colored, packaged, or otherwise altered in a 

21 way that is designed to make that controlled sub22 stance more appealing to a person under twenty-one 

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

24 so,’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Saving Kids from Dan3 gerous Drugs Act of 2008’’. 

4 SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES 

5 MARKETED TO MINORS. 

6 Section 401 of the Controlled Substances Act (21 

7 U.S.C. 841) is amended by adding at the end the following: 

8 ‘‘(h) OFFENSES INVOLVING CONTROLLED SUBSTANCES

9 MARKETED TO MINORS.— 

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

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

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

13 knowingly or intentionally manufacture, create, dis14 tribute, dispense, or possess with intent to manufac15 ture, create, distribute, or dispense, a controlled sub16 stance listed in schedule I or II that is— 

17 ‘‘(A) combined with a candy product; 

18 ‘‘(B) marketed or packaged to appear simi19 lar to a candy product; or 

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

21 controlled substance with the intent to distribute, 

22 dispense, or sell the controlled substance to a per23 son under 21 years of age. 

24 ‘‘(2) PENALTIES.— 

25 ‘‘(A) IN GENERAL.—Except as provided in 

26 section 418, 419, or 420, any person who violates 


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1 paragraph (1) of this subsection shall be subject 

2 to— 

3 ‘‘(i) 2 times the maximum punishment 

4 and at least 2 times any term of supervised 

5 release authorized by subsection (b) of this 

6 section for a first offense involving the same 

7 controlled substance and schedule; and 

8 ‘‘(ii) 3 times the maximum punish9 ment and at least 3 times any term of su10 pervised release authorized by subsection (b) 

11 of this section for a second or subsequent of12 fense involving the same controlled sub13 stance and schedule. 

14 ‘‘(B) MINIMUM SENTENCES.—Except to the 

15 extent a greater minimum sentence is otherwise 

16 provided under subsection (b), a term of impris17 onment under this subsection shall be not less 

18 than one year. This subparagraph shall not 

19 apply to any offense involving 5 grams or less of 

20 marihuana. 

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

22 apply to any controlled substance that— 

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

24 under section 505 of the Federal Food, Drug, 

25 and Cosmetic Act (21 U.S.C. 355), if the conVerDate Aug 31 2005 00:14 Jul 30, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1211.RS S1211

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1 tents, marketing, and packaging of the controlled 

2 substance have not been altered from the form 

3 approved by the Secretary; or 

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

5 practitioner who is acting for a legitimate med6 ical purpose in the usual course of professional 

7 practice.’’. 


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Calendar No. 908 

110TH CONGRESS 

2D SESSION S. 1211 

A BILL 

To amend the Controlled Substances Act to provide 

stances to minors. enhanced penalties for marketing controlled subJULY 29 (legislative day, JULY 28), 2008 

Reported with an amendment 


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