Pot Brownie Attack by the Senate-Penalty Doubled!

August 3rd, 2010 - 3:10 am ICT by Angela Kaye Mason  

Aug 2 (THAINDIAN NEWS) After a vote by the Senate, Marijuana brownies and and other edible drugs may carry twice the jail time and fines as regular drug charges in a vague new law which is said to be aimed at keeping drugs away from children, and focuses on drugs which are packaged or marketed to appear similar to candy products.

The law, which is called “Saving Kids from Dangerous Drugs Act of 2009,” was pushed as a campaign against “candy flavored meth” as politicians felt pushed to pass it since it was aimed at protecting kids. Slipped inside the law was wording on pot brownies, and such drugs. The following text is included in the law:

(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–

‘(A) combined with a candy product;

(B) marketed or packaged to appear similar to a candy product; and

‘(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.

‘(2) PENALTIES- Except as provided in section 418, 419, or 420, any person who violates paragraph (1) of this subsection shall be subject to–

(A) 2 times the maximum punishment and at least 2 times any term of supervised release

The bill was started by Dianne Feinstein, who proposed it in 2009. It sat around idle until the Senate Judiciary Commitee brought it to life after California’s pot legalization took off this past spring.

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