How HR 757 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new penalties specifically for manufacturing or distributing candy-flavored controlled substances aimed at minors.

• 21 U.S.C. § 841

  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.

  This addition specifically criminalizes and increases penalties for selling candy-flavored controlled substances to minors.

• 28 U.S.C. § 994

  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.

  This mandates a review and amendment of sentencing guidelines for enhanced penalties related to offenses involving candy-flavored controlled substances for minors.