infused products new federal law

[copobo]

doesn't look good for the bakers and candy makers. the exception (last line) is worded poorly. As a patient with an edibles rec, I think you would be covered. As a manufacturer, with all product intended for med use... I guess it is assumed there is a pre-existing Doctor Recommendation?

Read The Bill: S. 258 - GovTrack.us (http://www.govtrack.us/congress/billtext.xpd?bill=s111-258)

SECTION 1. SHORT TITLE.
This Act may be cited as the â??Saving Kids From Dangerous Drugs Act of 2010â??.
SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following:
â??(h) Offenses Involving Controlled Substances Marketed to Minors-
â??(1) UNLAWFUL ACTS- Except as authorized under this title, including paragraph (3), it shall be unlawful for any person at least 18 years of age to knowingly or intentionally manufacture or create, with intent to manufacture, create, distribute, or dispense, a controlled substance listed in schedule I or II that is--
â??(A) combined with a candy product;
â??(B) marketed or packaged to appear similar to a candy product; and
â??(C) modified by flavoring or coloring the controlled substance with the intent to distribute, dispense, or sell the controlled substance to a person under 18 years of age.
â??(2) PENALTIES- Except as provided in section 418, 419, or 420, any person who violates paragraph (1) of this subsection shall be subject to--
â??(A) 2 times the maximum punishment and at least 2 times any term of supervised release authorized by subsection (b) of this section for a first offense involving the same controlled substance and schedule; and
â??(B) 3 times the maximum punishment and at least 3 times any term of supervised release authorized by subsection (b) of this section for a second or subsequent offense involving the same controlled substance and schedule.
â??(3) EXCEPTIONS- Paragraph (1) shall not apply to any controlled substance that--
â??(A) 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
â??(B) has been altered at the direction of a practitioner who is acting for a legitimate medical purpose in the usual course of professional practice.â??.

[SprngsCaregiver]

Cough Drops? I wonder what the federal government would consider a cough drop.
Do you think this would cover baked goods too? It does say "candy".

[cologrower420]

doesn't look good for the bakers and candy makers. the exception (last line) is worded poorly. As a patient with an edibles rec, I think you would be covered. As a manufacturer, with all product intended for med use... I guess it is assumed there is a pre-existing Doctor Recommendation?

Read The Bill: S. 258 - GovTrack.us (http://www.govtrack.us/congress/billtext.xpd?bill=s111-258)

SECTION 1. SHORT TITLE.
This Act may be cited as the â??Saving Kids From Dangerous Drugs Act of 2010â??.
SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following:
â??(h) Offenses Involving Controlled Substances Marketed to Minors-
â??(1) UNLAWFUL ACTS- Except as authorized under this title, including paragraph (3), it shall be unlawful for any person at least 18 years of age to knowingly or intentionally manufacture or create, with intent to manufacture, create, distribute, or dispense, a controlled substance listed in schedule I or II that is--
â??(A) combined with a candy product;
â??(B) marketed or packaged to appear similar to a candy product; and
â??(C) modified by flavoring or coloring the controlled substance with the intent to distribute, dispense, or sell the controlled substance to a person under 18 years of age.
â??(2) PENALTIES- Except as provided in section 418, 419, or 420, any person who violates paragraph (1) of this subsection shall be subject to--
â??(A) 2 times the maximum punishment and at least 2 times any term of supervised release authorized by subsection (b) of this section for a first offense involving the same controlled substance and schedule; and
â??(B) 3 times the maximum punishment and at least 3 times any term of supervised release authorized by subsection (b) of this section for a second or subsequent offense involving the same controlled substance and schedule.
â??(3) EXCEPTIONS- Paragraph (1) shall not apply to any controlled substance that--
â??(A) 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
â??(B) has been altered at the direction of a practitioner who is acting for a legitimate medical purpose in the usual course of professional practice.â??.

The exceptions seem vague enough to bring charges, and vague enough to present an affirmative defense.

Basically, we'll have to wait for an arrest and subsequent trial. I don't have an intimate knowledge of the law, but I don't know of any precedents here.

[SprngsCaregiver]

Cough Drops? I wonder what the federal government would consider a cough drop.
Do you think this would cover baked goods too? It does say "candy".

Just to clarify, I'm wondering if people could start medicating cough drops instead of jolly ranchers. I wonder if they would still consider this candy.?

[cologrower420]

Just to clarify, I'm wondering if people could start medicating cough drops instead of jolly ranchers. I wonder if they would still consider this candy.?

Does it matter what kind of product gets infused with THC/pot?

Or are you just trying to find a product that you can infuse that's not considered 'candy'?

[pfunk211]

it says that, to be illegal, you must be making candies specifically for kids.
since one has to be an adult to get a red card, if you're making edibles for the industry, you're in compliance with federal law, right?

"and
â??(C) modified by flavoring or coloring the controlled substance with the intent to distribute, dispense, or sell the controlled substance to a person under 18 years of age."

[cologrower420]

Is this possibly a result of the 'cherry flavored meth for kids' story that made the rounds recently?

[SprngsCaregiver]

Does it matter what kind of product gets infused with THC/pot?

Or are you just trying to find a product that you can infuse that's not considered 'candy'?
I was just suggesting a replacement for the candy. Like some kind of "cherry THC losenge".

[cologrower420]

I was just suggesting a replacement for the candy. Like some kind of "cherry THC losenge".

I have seen advertisements of breath strips that contain THC out of california.

[SprngsCaregiver]

it says that, to be illegal, you must be making candies specifically for kids.
since one has to be an adult to get a red card, if you're making edibles for the industry, you're in compliance with federal law, right?

"and
â??(C) modified by flavoring or coloring the controlled substance with the intent to distribute, dispense, or sell the controlled substance to a person under 18 years of age."

You have a good point. The only problem is that word "intent". Knowing how the DEA works your "intent" would be to sell to preschool kids.

[copobo]

this was a kneejerk dreamed up by Dianne Feinstein in preparation for prop 19 in CA.

[pfunk211]

i dunno......

seems like if you've got even one receipt from a dispensary carrying your wares, you'd beat intent, unless you were seen doing a hand-to-hand on a school yard with a seventh grader, in which case, bye bye......

(in my opinion, consult your attorney) - i like that......