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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 258 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 258

 To amend the Controlled Substances Act to provide enhanced penalties 
             for marketing controlled substances to minors.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

Mrs. Feinstein (for herself, Mr. Grassley, and Mr. Bayh) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saving Kids From Dangerous Drugs Act 
of 2009''.

SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
    ``(h) Offenses Involving Controlled Substances Marketed to 
Minors.--
            ``(1) Unlawful acts.--Except as authorized under this 
        title, including paragraph (3), it shall be unlawful for any 
        person at least 18 years of age to knowingly or intentionally 
        manufacture, create, distribute, dispense, or possess with 
        intent to manufacture, create, distribute, or dispense, a 
        controlled substance listed in schedule I or II that is--
                    ``(A) combined with a candy product;
                    ``(B) marketed or packaged to appear similar to a 
                candy product; or
                    ``(C) modified by flavoring or coloring the 
                controlled substance with the intent to distribute, 
                dispense, or sell the controlled substance to a person 
                under 21 years of age.
            ``(2) Penalties.--Except as provided in section 418, 419, 
        or 420, any person who violates paragraph (1) of this 
        subsection shall be subject to--
                    ``(A) 2 times the maximum punishment and at least 2 
                times any term of supervised release authorized by 
                subsection (b) of this section for a first offense 
                involving the same controlled substance and schedule; 
                and
                    ``(B) 3 times the maximum punishment and at least 3 
                times any term of supervised release authorized by 
                subsection (b) of this section for a second or 
                subsequent offense involving the same controlled 
                substance and schedule.
            ``(3) Exceptions.--Paragraph (1) shall not apply to any 
        controlled substance that--
                    ``(A) has been approved by the Secretary under 
                section 505 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 355), if the contents, marketing, and 
                packaging of the controlled substance have not been 
                altered from the form approved by the Secretary; or
                    ``(B) has been altered at the direction of a 
                practitioner who is acting for a legitimate medical 
                purpose in the usual course of professional 
                practice.''.
                                 <all>
```