Quote Originally Posted by 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

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.