I 

111TH CONGRESS 

2D SESSION S. 258 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

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 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Saving Kids From 

3 Dangerous Drugs Act of 2010’’. 

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 fol8 lowing: 

9 ‘‘(h) OFFENSES INVOLVING CONTROLLED SUB10 STANCES MARKETED TO MINORS.— 

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

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

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

14 knowingly or intentionally manufacture or create, 

15 with intent to manufacture, create, distribute, or 

16 dispense, a controlled substance listed in schedule I 

17 or II that is— 

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

19 ‘‘(B) marketed or packaged to appear simi20 lar to a candy product; and 

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

22 controlled substance with the intent to dis23 tribute, dispense, or sell the controlled sub24 stance to a person under 18 years of age. 


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1 ‘‘(2) PENALTIES.—Except as provided in sec2 tion 418, 419, or 420, any person who violates para3 graph (1) of this subsection shall be subject to— 

4 ‘‘(A) 2 times the maximum punishment 

5 and at least 2 times any term of supervised re6 lease authorized by subsection (b) of this sec7 tion for a first offense involving the same con8 trolled substance and schedule; and 

9 ‘‘(B) 3 times the maximum punishment 

10 and at least 3 times any term of supervised re11 lease authorized by subsection (b) of this sec12 tion for a second or subsequent offense involv13 ing the same controlled substance and schedule. 

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

15 apply to any controlled substance that— 

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

17 under section 505 of the Federal Food, Drug, 

18 and Cosmetic Act (21 U.S.C. 355), if the con19 tents, marketing, and packaging of the con20 trolled substance have not been altered from the 

21 form approved by the Secretary; or 

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

23 practitioner who is acting for a legitimate med24 ical purpose in the usual course of professional 

25 practice.’’. 


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1 SEC. 3. SENTENCING GUIDELINES. 

2 Pursuant to its authority under section 994 of title 

3 28, United States Code, and in accordance with this sec4 tion, the United States Sentencing Commission shall re5 view and amend the Federal sentencing guidelines and 

6 policy statements to ensure that the guidelines provide an 

7 appropriate additional penalty increase of up to 3 offense 

8 levels above the sentence otherwise applicable in Part D 

9 of the Guidelines Manual if the defendant was convicted 

10 of a violation of section 401(h) of the Controlled Sub11 stances Act, as added by section 2 of this Act. 

Passed the Senate July 29, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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