The bill was reintroduced by a coalition of Republican Senators. It would increase the criminal penalties of a number of crimes, such as manufacturing or selling Schedule I substances like marijuana that are packaged in candy or drinks if “reasonable grounds” exist to suspect they’ll be sold to children.
The Combating Violent and Dangerous Crime Act, led by Senate Judiciary Committee Chair Chuck Grassley(R-IA), along with 10 other GOP Members, contains provisions that target substances in Schedule I and II of federal Controlled Substances Acts (CSA), such as cannabis.
While some states that have legalized marijuana have taken proactive steps to prevent cannabis marketing to children, other state markets still allow THC-infused drinks and continue to sell edible cookies and gummies.
Although the Senate legislation does not mention marijuana directly, section by section analysis states that manufacturers and traffickers are “marketing and distributing highly-dangerous drugs such as fentanyl (Nerds) and Skittles (.).”).
The report states, “Since years, children younger than six years of age have overdosed on these drugs because they ate them.” This provision was originally part of the Grassley-Feinstein 2017 Protecting Children from Candy-Flavored Drugs Act. It hasn’t been reintroduced in this Congress as a bipartisan bill. This language amends Controlled Substances Act in order to increase penalties when candy-flavored controlled substance is sold to minors.
The current language is also similar to a bill that Grassley, along with other Republican members of Congress, filed in 2022.
Grassley, in a statement to press, blamed Biden’s administration for a “massive rise” in violent crimes. Now it was up to Congress to “resolve any legal ambiguities,” which could weaken the ability of the government “to hold criminals responsible.”
In relation to the provisions on flavored drugs, you should note that all states that have legalized adult-use marijuana in the U.S. set an age restriction that prohibits anyone under the age of 21 from entering cannabis shops. This is because the dispensaries that sell these brands and do not meet the requirements for selling underage products. (Studies have found consistent compliance at marijuana shops when it comes to enforcing ID requirements.)
The federal prosecution of such crimes could result in up to ten additional prison years for a criminal offense if a cannabis product is sold by a retailer to a child under 18. A second or subsequent offense could result in an additional 20 years behind bars.
The majority of legalization proponents support the measures that restrict the access of underage users, however some are concerned about the potential for overzealous prosecutions to increase penalties as part of their war against drugs.
John Boozman’s (R-AR) co-leadership of this measure stated that “soft-on-crime” policies failed to give our justice and law enforcement systems the authority and tools they need to maintain the order in communities and to keep them safe from dangerous criminals. “I’m proud to stand with Senator Grassley to make sure violent offenders face the consequences under law.
Boozman’s release specifically says that, unlike Grassley press releases, the legislation would prohibit “the marketing of cannabis and fentanyl candy to minors.”
Sens. Mike Crapo, Kevin Cramer and Jim Risch are co-sponsors.
In a release distributed by Crapo’s office, he said: “Our justice system is obligated to punish those who are guilty and to protect the innocent. Conflicting legal standards hinder federal authorities in their ability to accomplish this.” The reforms will clarify federal law on drug abuse and violent crimes to apply justice to everyone.
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