,,ii  #aaeth ,,congress  #ast ,session  
,s4 #gci  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bh1         
#bjag,mr4 ,grassley 7for himself and    
,mrs4 ,feinstein7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend the    
,controlled ,substances ,act to provide 
enhanced penalties for marketing        
candy-flavored controlled substances to 
minors4  #a4 ,short title ,this ,act may
 be cited as the ,protecting ,kids from 
,candy-,flavored ,drugs ,act of #bjag4  
#b4 ,offenses involving candy-flavored  
controlled substances manufactured or   
distributed for minors  7a7 ,in general 
,part ,d of the ,controlled ,substances 
,act 7#ba ,u4,s4,c4 #hda et seq47 is    
amended by inserting after section #dah 
the following3  #dah;a4 ,manufacturing  
or distributing candy-flavored          
controlled substances for minors  7a7   
,except as provided in subsection 7c7   
and in section #dah1 #dai1 or #dbj1 a   

person shall be subject to the penalty  
described in subsection 7b7 if the      
person violates section #dja7;a77#a7    
by--  7#a7 manufacturing1 creating1     
distributing1 dispensing1 or possessing 
with intent to distribute a controlled  
substance listed in schedule ,i or ,,ii 
that is--  7,a7 combined with a candy or
 beverage product2  7,b7 marketed or    
packaged to appear similar to a candy or
 beverage product2 or  7,c7 modified by 
flavoring or coloring to appear similar 
to a candy or beverage product2 and     
7#b7 knowing1 or having reasonable cause
 to believe1 that the controlled        
substance will be distributed1          
dispensed1 or sold to a person under #ah
 years of age4  7b7 ,the penalty        
described in this subsection is-- 7#a7  
in the case of a first offense involving
 the same controlled substance and      
schedule1 an additional term of         
imprisonment of not more than #aj years2
 and  7#b7 in the case of a second or   
subsequent offense involving the same   

controlled substance and schedule1 an   
additional term of imprisonment of not  
more than #bj years4  7c7 ,subsection   
7a7 shall not apply to any controlled   
substance that--  7#a7 has been approved
 by the ,secretary under section #eje of
 the ,federal ,food1 ,drug1 and         
,cosmetic ,act 7#ba ,u4,s4,c4 #cee71 if 
the contents1 marketing1 and packaging  
of the controlled substance have not    
been altered from the form approved by  
the ,secretary2 or  7#b7 has been       
altered at the direction of a           
practitioner who is acting for a        
legitimate medical purpose in the usual 
course of professional practice4  4  7b7
 ,technical and conforming amendment    
,the table of contents for the          
,comprehensive ,drug ,abuse ,prevention 
and ,control ,act of #aigj 7,public ,law
 #ia-eac2 #hd ,stat4 #abcf7 is amended  
by inserting after the item relating to 
section #dah the following3  ,sec4      
#dah;a4 ,manufacturing or distributing  
candy-flavored controlled substances for

 minors4  4  #c4 ,sentencing ,guidelines
 ,pursuant to its authority under       
section #iid of title #bh1 ,united      
,states ,code1 and in accordance with   
this section1 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 #b
 offense levels for a violation of      
section #dja7;a7 of the ,controlled     
,substances ,act 7#ba ,u4,s4,c4         
#hda7;a77 if the defendant--  7#a7      
manufactures1 creates1 distributes1     
dispenses1 or possesses with intent to  
distribute a controlled substance listed
 in schedule ,i or ,,ii that is--  7,a7 
combined with a candy or beverage       
product2  7,b7 marketed or packaged to  
appear similar to a candy or beverage   
product2 or  7,c7 modified by flavoring 
or coloring to appear similar to a candy
 or beverage product2 and  7#b7 knows1  
or has reasonable cause to believe1 that

 the controlled substance will be       
distributed1 dispensed1 or sold to a    
person under #ah years of age4