Protecting Kids from Candy-Flavored Drugs Act
Bill: H.R.8839 | Sponsor: Rep. Banks, Jim (R-IN)
Policy area: Crime and Law Enforcement

Summary:
Protecting Kids from Candy-Flavored Drugs Act
This bill establishes enhanced criminal penalties for certain federal drug offenses involving the manufacture or distribution of candy-flavored controlled substances or similar products for minors.
Specifically, the bill imposes enhanced criminal penalties for a federal drug offense that involves manufacturing, creating, distributing, dispensing, or possessing with intent to distribute a controlled substance listed in schedule I or II that is combined with a candy or drink, marketed to appear similar to a candy or drink, or modified by flavoring or coloring to appear similar to a candy or drink. To be subject to an enhanced penalty, the individual must have knowledge or reasonable cause to believe that the controlled substance will be distributed, dispensed, or sold to an individual who is under 18 years of age.

To amend the Controlled Substances Act to prohibit manufacturing or 
 distributing candy-flavored controlled substances for minors, and for 
                            other purposes.

    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 ``Protecting Kids from Candy-Flavored 
Drugs Act''.

SEC. 2. OFFENSES INVOLVING CANDY-FLAVORED CONTROLLED SUBSTANCES 
              MANUFACTURED OR DISTRIBUTED FOR MINORS.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by inserting 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 similar 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 believe, that 
        the controlled substance will be distributed, 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 additional term of 
        imprisonment of not more than 10 years; and
            ``(2) in the case of a second or subsequent offense 
        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 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
            ``(2) has been altered at the direction of a practitioner 
        who is acting for a legitimate medical purpose 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; 84 Stat. 1236) is amended by inserting after the item 
relating to section 418 the following:

``Sec. 418a. Manufacturing or distributing candy-flavored controlled 
                            substances for minors.''.
    (c) Sentencing Guidelines.--Pursuant to its authority 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 Federal 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, dispenses, or 
        possesses 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 similar to a 
                candy or beverage product; or
                    (C) modified by flavoring or coloring to appear 
                similar to a candy or beverage product; and
            (2) knows, or has reasonable cause to believe, that the 
        controlled substance will be distributed, dispensed, or sold to 
        a person under 18 years of age.
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