Protecting Kids from Candy-Flavored Drugs Act of 2015
Protecting Kids from Candy-Flavored Drugs Act of 2015
Amends the Controlled Substances Act to prohibit any person from: (1) manufacturing, creating, distributing, dispensing, or possessing with intent to distribute a schedule I or II controlled substance that is combined with a candy or beverage product, marketed or packaged to appear similar to a candy or beverage product, or modified by flavoring or coloring to appear similar to a candy or beverage product; or (2) manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance 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. Imposes enhanced criminal penalties for violations.
Exempts any controlled substance that: (1) has been approved by the Secretary of Health and Human Services under the drug approval process 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.
Directs the United States Sentencing Commission to amend and review its guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than two offense levels for a violation of this Act.
Read twice and referred to the Committee on the Judiciary.