I 
117TH CONGRESS 
2D SESSION 
H. R. 8839 
To amend the Controlled Substances Act to prohibit manufacturing or distrib-
uting candy-flavored controlled substances for minors, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2022 
Mr. BANKS (for himself, Mr. DONALDS, Mr. LATURNER, Ms. TENNEY, Mr. 
WILSON of South Carolina, Mr. BABIN, Mr. NEWHOUSE, Mr. MEUSER, 
Mr. HIGGINS of Louisiana, Mr. ALLEN, Mrs. GREENE of Georgia, Ms. 
HERRELL, Mr. ROSENDALE, Mr. ISSA, Mr. GIBBS, Mr. LAMBORN, Mr. 
NORMAN, Mr. GOODEN of Texas, Mr. MOORE of Alabama, Mr. JACKSON, 
and Mr. AUSTIN SCOTT of Georgia) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to prohibit manu-
facturing or distributing candy-flavored controlled sub-
stances for minors, and for other purposes. 
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 ‘‘Protecting Kids from 
Candy-Flavored Drugs Act’’. 
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SEC. 2. OFFENSES INVOLVING CANDY-FLAVORED CON-
TROLLED SUBSTANCES MANUFACTURED OR 
DISTRIBUTED FOR MINORS. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by insert-
ing after section 418 the following: 
‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED 
CONTROLLED SUBSTANCES FOR MINORS 
‘‘SEC. 418a. (a) Except as provided in subsection (c) 
and in section 418, 419, or 420, a person shall be subject 
to the penalty described in subsection (b) if the person 
violates section 401(a)(1)— 
‘‘(1) by manufacturing, creating, distributing, 
dispensing, or possessing with intent to distribute a 
controlled substance listed in schedule I or II that 
is— 
‘‘(A) combined with a candy or beverage 
product; 
‘‘(B) marketed or packaged to appear simi-
lar to a candy or beverage product; or 
‘‘(C) modified by flavoring or coloring to 
appear similar to a candy or beverage product; 
and 
‘‘(2) knowing, or having reasonable cause to be-
lieve, that the controlled substance will be distrib-
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uted, dispensed, or sold to a person under 18 years 
of age. 
‘‘(b) The penalty described in this subsection is— 
‘‘(1) in the case of a first offense involving the 
same controlled substance and schedule, an addi-
tional term of imprisonment of not more than 10 
years; and 
‘‘(2) in the case of a second or subsequent of-
fense involving the same controlled substance and 
schedule, an additional term of imprisonment of not 
more than 20 years. 
‘‘(c) Subsection (a) shall not apply to any controlled 
substance that— 
‘‘(1) has been approved by the Secretary under 
section 505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355), if the contents, mar-
keting, and packaging of the controlled substance 
have not been altered from the form approved by the 
Secretary; or 
‘‘(2) has been altered at the direction of a prac-
titioner who is acting for a legitimate medical pur-
pose in the usual course of professional practice.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (Public Law 91–513; 
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84 Stat. 1236) is amended by inserting after the item re-
lating to section 418 the following: 
‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances 
for minors.’’. 
(c) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code, 
and in accordance with this section, the United States 
Sentencing Commission shall amend and review the Fed-
eral sentencing guidelines and policy statements to ensure 
that the guidelines provide for a penalty enhancement of 
not less than 2 offense levels for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) if the defendant— 
(1) manufactures, creates, distributes, dis-
penses, or possesses with intent to distribute a con-
trolled substance listed in schedule I or II that is— 
(A) combined with a candy or beverage 
product; 
(B) marketed or packaged to appear simi-
lar to a candy or beverage product; or 
(C) modified by flavoring or coloring to ap-
pear similar to a candy or beverage product; 
and 
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