II 

Calendar No. 477 

111TH CONGRESS 

2D 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 

JULY 22, 2010 

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 

5 Dangerous Drugs Act of 2009’’. 


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1 SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES 

2 MARKETED TO MINORS. 

3 Section 401 of the Controlled Substances Act (21 

4 U.S.C. 841) is amended by adding at the end the fol5 lowing: 

6 ‘‘(h) OFFENSES INVOLVING CONTROLLED SUB7 STANCES MARKETED TO MINORS.— 

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

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

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

11 knowingly or intentionally manufacture, create, dis12 tribute, dispense, or possess with intent to manufac13 ture, create, distribute, or dispense, a controlled sub14 stance listed in schedule I or II that is— 

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

16 ‘‘(B) marketed or packaged to appear simi17 lar to a candy product; or 

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

19 controlled substance with the intent to dis20 tribute, dispense, or sell the controlled sub21 stance to a person under 21 years of age. 

22 ‘‘(2) PENALTIES.—Except as provided in sec23 tion 418, 419, or 420, any person who violates para24 graph (1) of this subsection shall be subject to— 

25 ‘‘(A) 2 times the maximum punishment 

26 and at least 2 times any term of supervised reVerDate Mar 15 2010 03:17 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S258.RS S258

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1 lease authorized by subsection (b) of this sec2 tion for a first offense involving the same con3 trolled substance and schedule; and 

4 ‘‘(B) 3 times the maximum punishment 

5 and at least 3 times any term of supervised re6 lease authorized by subsection (b) of this sec7 tion for a second or subsequent offense involv8 ing the same controlled substance and schedule. 

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

10 apply to any controlled substance that— 

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

12 under section 505 of the Federal Food, Drug, 

13 and Cosmetic Act (21 U.S.C. 355), if the con14 tents, marketing, and packaging of the con15 trolled substance have not been altered from the 

16 form approved by the Secretary; or 

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

18 practitioner who is acting for a legitimate med19 ical purpose in the usual course of professional 

20 practice.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Saving Kids From Dan23 gerous Drugs Act of 2010’’. 


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1 SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES 

2 MARKETED TO MINORS. 

3 Section 401 of the Controlled Substances Act (21 

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

5 ‘‘(h) OFFENSES INVOLVING CONTROLLED SUBSTANCES

6 MARKETED TO MINORS.— 

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

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

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

10 knowingly or intentionally manufacture or create, 

11 with intent to manufacture, create, distribute, or dis12 pense, a controlled substance listed in schedule I or II 

13 that is— 

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

15 ‘‘(B) marketed or packaged to appear simi16 lar to a candy product; and 

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

18 controlled substance with the intent to distribute, 

19 dispense, or sell the controlled substance to a per20 son under 18 years of age. 

21 ‘‘(2) PENALTIES.—Except as provided in section 

22 418, 419, or 420, any person who violates paragraph 

23 (1) of this subsection shall be subject to— 

24 ‘‘(A) 2 times the maximum punishment and 

25 at least 2 times any term of supervised release 

26 authorized by subsection (b) of this section for a 


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1 first offense involving the same controlled sub2 stance and schedule; and 

3 ‘‘(B) 3 times the maximum punishment and 

4 at least 3 times any term of supervised release 

5 authorized by subsection (b) of this section for a 

6 second or subsequent offense involving the same 

7 controlled substance and schedule. 

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

9 apply to any controlled substance that— 

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

11 under section 505 of the Federal Food, Drug, 

12 and Cosmetic Act (21 U.S.C. 355), if the con13 tents, marketing, and packaging of the controlled 

14 substance have not been altered from the form 

15 approved by the Secretary; or 

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

17 practitioner who is acting for a legitimate med18 ical purpose in the usual course of professional 

19 practice.’’. 

20 SEC. 3. SENTENCING GUIDELINES. 

21 Pursuant to its authority under section 994 of title 

22 28, United States Code, and in accordance with this section, 

23 the United States Sentencing Commission shall review and 

24 amend the Federal sentencing guidelines and policy state25 ments to ensure that the guidelines provide an appropriate 


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1 additional penalty increase of up to 3 offense levels above 

2 the sentence otherwise applicable in Part D of the Guide3 lines Manual if the defendant was convicted of a violation 

4 of section 401(h) of the Controlled Substances Act, as added 

5 by section 2 of this Act. 


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Calendar No. 477 

111TH CONGRESS 

2D SESSION S. 258 

A BILL 

To amend the Controlled Substances Act to provide 

stances to minors. enhanced penalties for marketing controlled subJULY 22, 2010 

Reported with an amendment 


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