Pot brownies under attack - PATRICK GAVIN | POLITICO CLICK

The 'Saving Kids from Dangerous Drugs Act of 2009,' which passed the Senate unanimously on Friday, may help squash one of the sneakier ways of getting high: pot brownies. | AP photo composite by POLITICOClose

Congress may be more clever than you think. The Senate approved anti-drug legislation that may help squash one of the sneakier ways of getting high: pot brownies.

The Saving Kids From Dangerous Drugs Act of 2009, which passed the Senate unanimously Friday, includes language that could make the fines and jail time for cooking and distributing pot brownies double those for possessing regular (uncooked) marijuana. From the bill:

(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 text singles out 'candy products,' which is a broad grouping," writes Michael Whitney at FireDogLake. "It also specifies products 'modified by flavoring or coloring,' which expands the scope of the law. While the bill is ostensibly aimed at distributing drugs to people under the age of 18, it’s broad enough to pose serious problems for both medical marijuana patients and for dispensaries selling these products to patients."

TAGS:

• Marijuana

Pot brownies under attack - PATRICK GAVIN | POLITICO CLICK