I 
118TH CONGRESS 
1ST SESSION 
H. R. 757 
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 
FEBRUARY 2, 2023 
Mr. BANKS introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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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