I 
111TH CONGRESS 
1ST SESSION H. R. 3702 
To amend the Controlled Substances Act to provide enhanced penalties for 
marketing controlled substances to minors. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2009 
Mr. BOOZMAN introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Marketing Illegal 
Drugs to Minors Act’’. 
SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING 
CONTROLLED SUBSTANCES TO MINORS. 
Section 418 of the Controlled Substances Act (21 
U.S.C. 859) is amended— 
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(1) in the section heading, by adding at the end 
the following: ‘‘; MARKETING TO MINORS’’; 
(2) in subsection (a), by inserting after ‘‘twen-
ty-one years of age’’ the following: ‘‘, or who manu-
factures, creates, distributes, or possesses with in-
tent to distribute a controlled substance that is fla-
vored, colored, packaged, or otherwise altered in a 
way that is designed to make that controlled sub-
stance more appealing to a person under twenty-one 
years of age, or who attempts or conspires to do 
so,’’; 
(3) in subsection (b), by inserting after ‘‘twen-
ty-one years of age’’ the following: ‘‘, or who manu-
factures, creates, distributes, or possesses with in-
tent to distribute a controlled substance that is fla-
vored, colored, packaged, or otherwise altered in a 
way that is designed to make that controlled sub-
stance more appealing to a person under twenty-one 
years of age, or who attempts or conspires to do 
so,’’; and 
(4) by adding at the end the following: 
‘‘(c) If the controlled substance that is involved in 
an offense under this section is methamphetamine, its 
salts, isomers, and salts of its isomers or a mixture or 
substance containing a detectable amount of methamphet-
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amine, its salts, isomers, or salts of its isomers, unless 
a greater term of imprisonment is imposed under another 
provision of this Act, the offender shall— 
‘‘(1) in the case of a first offense— 
‘‘(A) if the amount of the methamphet-
amine involved is 50 grams or more or of the 
mixture involved is 500 grams or more, be fined 
not more than $8,000,000 if an individual and 
not more than $20,000,000 if a person other 
than an individual, and imprisoned for any 
term of years not less than 20, or for life; 
‘‘(B) if the amount of methamphetamine 
involved is not less than 5 nor more than 50 
grams or of the mixture is not less than 50 
grams nor more than 500 grams, be fined not 
more than $4,000,000 if an individual and not 
more than $10,000,000 if a person other than 
an individual, and imprisoned for any term of 
years not less than 10, nor more than 80; and 
‘‘(C) fined not more than $2,000,000 if an 
individual and not more than $10,000,000 if a 
person other than an individual, and imprisoned 
any term or years not less than 5 nor more 
than 40, in any other case; 
‘‘(2) in the case of a second offense— 
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‘‘(A) if the amount of the methamphet-
amine involved is 50 grams or more or of the 
mixture involved is 500 grams or more, be fined 
not more than $16,000,000 if an individual and 
not more than $40,000,000 if a person other 
than an individual, and imprisoned for any 
term of years not less than 40, or for life; 
‘‘(B) if the amount of methamphetamine 
involved is not less than 5 but is less than 50 
grams or of the mixture is not less than 50 
grams but is less than 500 grams, be fined not 
more than $8,000,000 if an individual and not 
more than $20,000,000 if a person other than 
an individual, and imprisoned for any term of 
years not less than 20, or for life; and 
‘‘(C) fined not more than $4,000,000 if an 
individual and not more than $20,000,000 if a 
person other than an individual, and imprisoned 
any term or years not less than 10 nor more 
than 60, in any other case; and 
‘‘(3) in the case of a third or subsequent of-
fense— 
‘‘(A) if the amount of the methamphet-
amine involved is 50 grams or more or of the 
mixture involved is 500 grams or more, be fined 
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not more than $32,000,000 if an individual and 
not more than $80,000,000 if a person other 
than an individual, and imprisoned for life; 
‘‘(B) if the amount of methamphetamine 
involved is not less than 5 but is less than 50 
grams or of the mixture is not less than 50 
grams but is less than 500 grams, be fined not 
more than $16,000,000 if an individual and not 
more than $40,000,000 if a person other than 
an individual, and imprisoned for life; and 
‘‘(C) fined not more than $8,000,000 if an 
individual and not more than $40,000,000 if a 
person other than an individual, and imprisoned 
for life, in any other case.’’. 
Æ 
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