Federal

Protecting Kids from Candy-Flavored Drugs Act

Source: Congress.gov · 905 words in original text

What This Bill Does

This bill makes it illegal to manufacture or distribute candy-flavored controlled substances (illegal drugs) intended for people under 18 years old. It adds a new crime called "manufacturing or distributing candy-flavored controlled substances for minors" to federal drug laws.

Who It Affects

People who make, create, distribute, dispense or possess with intent to distribute candy-flavored controlled substances for minors. This includes people who market or package controlled substances to look like candy or beverages, or who flavor or color them to appear similar to candy or beverages.

Key Provisions

• It is illegal to manufacture, create, distribute, dispense or possess with intent to distribute Schedule I or II controlled substances (the most dangerous drug categories) that are combined with candy or beverage products, marketed to look like candy or beverages, or modified with flavoring or coloring to appear similar to candy or beverages, if you know or reasonably believe they will go to someone under 18 (Sec. 2(a)). • A first offense can result in an additional prison sentence of not more than 10 years (Sec. 2(b)(1)). • A second or later offense can result in an additional prison sentence of not more than 20 years (Sec. 2(b)(2)). • The law does not apply to controlled substances approved by the Secretary of the FDA if they have not been altered from their approved form (Sec. 2(c)(1)). • The law does not apply to controlled substances altered by a medical doctor for legitimate medical treatment (Sec. 2(c)(2)). • The United States Sentencing Commission must increase penalties by at least 2 offense levels for violations of this law (Sec. 2(c)).

What Changes

If this bill becomes law, a new federal crime will exist for making or distributing candy-flavored controlled substances intended for minors. People convicted of this crime face prison sentences of up to 10 years for a first offense and up to 20 years for a second or later offense.

Important Definitions

Schedule I or II controlled substances: The most dangerous illegal drugs classified under federal law. The bill does not define which specific drugs fall into these categories.

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Kids from 4 Candy-Flavored Drugs Act’’. 5 VerDate Sep 11 2014 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H757.IH H757 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 757 IH SEC. 2. OFFENSES INVOLVING CANDY-FLAVORED CON- 1 TROLLED SUBSTANCES MANUFACTURED OR 2 DISTRIBUTED FOR MINORS. 3 (a) IN GENERAL.—Part D of the Controlled Sub- 4 stances Act (21 U.S.C. 841 et seq.) is amended by insert- 5 ing after section 418 the following: 6 ‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED 7 CONTROLLED SUBSTANCES FOR MINORS 8 ‘‘SEC. 418a. (a) Except as provided in subsection (c) 9 and in section 418, 419, or 420, a person shall be subject 10 to the penalty described in subsection (b) if the person 11 violates section 401(a)(1)— 12 ‘‘(1) by manufacturing, creating, distributing, 13 dispensing, or possessing with intent to distribute a 14 controlled substance listed in schedule I or II that 15 is— 16 ‘‘(A) combined with a candy or beverage 17 product; 18 ‘‘(B) marketed or packaged to appear simi- 19 lar to a candy or beverage product; or 20 ‘‘(C) modified by flavoring or coloring to 21 appear similar to a candy or beverage product; 22 and 23 ‘‘(2) knowing, or having reasonable cause to be- 24 lieve, that the controlled substance will be distrib- 25 VerDate Sep 11 2014 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H757.IH H757 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 757 IH uted, dispensed, or sold to a person under 18 years 1 of age. 2 ‘‘(b) The penalty described in this subsection is— 3 ‘‘(1) in the case of a first offense involving the 4 same controlled substance and schedule, an addi- 5 tional term of imprisonment of not more than 10 6 years; and 7 ‘‘(2) in the case of a second or subsequent of- 8 fense involving the same controlled substance and 9 schedule, an additional term of imprisonment of not 10 more than 20 years. 11 ‘‘(c) Subsection (a) shall not apply to any controlled 12 substance that— 13 ‘‘(1) has been approved by the Secretary under 14 section 505 of the Federal Food, Drug, and Cos- 15 metic Act (21 U.S.C. 355), if the contents, mar- 16 keting, and packaging of the controlled substance 17 have not been altered from the form approved by the 18 Secretary; or 19 ‘‘(2) has been altered at the direction of a prac- 20 titioner who is acting for a legitimate medical pur- 21 pose in the usual course of professional practice.’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 23 The table of contents for the Comprehensive Drug Abuse 24 Prevention and Control Act of 1970 (Public Law 91–513; 25 VerDate Sep 11 2014 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H757.IH H757 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 757 IH 84 Stat. 1236) is amended by inserting after the item re- 1 lating to section 418 the following: 2 ‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances for minors.’’. (c) SENTENCING GUIDELINES.—Pursuant to its au- 3 thority under section 994 of title 28, United States Code, 4 and in accordance with this section, the United States 5 Sentencing Commission shall amend and review the Fed- 6 eral sentencing guidelines and policy statements to ensure 7 that the guidelines provide for a penalty enhancement of 8 not less than 2 offense levels for a violation of section 9 401(a) of the Controlled Substances Act (21 U.S.C. 10 841(a)) if the defendant— 11 (1) manufactures, creates, distributes, dis- 12 penses, or possesses with intent to distribute a con- 13 trolled substance listed in schedule I or II that is— 14 (A) combined with a candy or beverage 15 product; 16 (B) marketed or packaged to appear simi- 17 lar to a candy or beverage product; or 18 (C) modified by flavoring or coloring to ap- 19 pear similar to a candy or beverage product; 20 and 21 VerDate Sep 11 2014 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H757.IH H757 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 757 IH (2) knows, or has reasonable cause to believe, 1 that the controlled substance will be distributed, dis- 2 pensed, or sold to a person under 18 years of age. 3 Æ VerDate Sep 11 2014 20:43 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H757.IH H757 pbinns on DSKJLVW7X2PROD with $$_JOB

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