II 

117TH CONGRESS 

2D SESSION S. 4984 

To amend the Controlled Substances Act to prohibit the deceptive sale of 

fentanyl, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2022 

Mr. COTTON (for himself, Mr. CORNYN, and Mr. HAWLEY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend the Controlled Substances Act to prohibit the 

deceptive sale of fentanyl, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Zero Tolerance for De5 ceptive Fentanyl Trafficking Act’’. 

6 SEC. 2. PROHIBITION OF THE DECEPTIVE SALE OF 

7 FENTANYL. 

8 Section 401 of the Controlled Substances Act (21 

9 U.S.C. 841) is amended by adding at the end the fol10 lowing: 


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1 ‘‘(i) DECEPTIVE SALE OF FENTANYL AND

2 FENTANYL-RELATED SUBSTANCES.— 

3 ‘‘(1) OFFENSE.—It shall be unlawful for any 

4 person to knowingly misrepresent or knowingly mar5 ket as another substance a mixture or substance 

6 containing fentanyl, a fentanyl analogue, or a 

7 fentanyl-related substance (as defined in subsection 

8 (e)(2) of schedule I in section 202(c)). 

9 ‘‘(2) PENALTY.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), any person who violates 

12 paragraph (1) shall be imprisoned for not less 

13 than 20 years and fined under title 18, United 

14 States Code. 

15 ‘‘(B) ENHANCED PENALTIES.— 

16 ‘‘(i) DEATH RESULTS.—If a violation 

17 of paragraph (1) results in death or is 

18 committed with the intent to cause death, 

19 the person shall be sentenced to death or 

20 life imprisonment and fined under title 18, 

21 United States Code. 

22 ‘‘(ii) PRIOR FELONY CONVICTION OR

23 UNLAWFUL PRESENCE IN THE UNITED

24 STATES.—A person who violates paragraph 

25 (1) shall be sentenced to life imprisonment 


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1 and fined under title 18, United States 

2 Code, if the violation occurs— 

3 ‘‘(I) after any other prior felony 

4 conviction of the person has become 

5 final; or 

6 ‘‘(II) while the person is unlaw7 fully present in the United States.’’. 

8 SEC. 3. FENTANYL-RELATED SUBSTANCES. 

9 Schedule I in section 202(c) of the Controlled Sub10 stances Act (21 U.S.C. 812) is amended— 

11 (1) in subsection (b), by adding at the end the 

12 following: 

13 ‘‘(23) Isobutyryl fentanyl. 

14 ‘‘(24) Para-Methoxybutyrylfentanyl. 

15 ‘‘(25) Valeryl fentanyl. 

16 ‘‘(26) Cyclopentyl fentanyl. 

17 ‘‘(27) Para-Chloroisobutyryl fentanyl.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(e)(1) Unless specifically exempted or unless listed 

20 in another schedule, any material, compound, mixture, or 

21 preparation which contains any quantity of a fentanyl-re22 lated substance, or which contains the salts, isomers, and 

23 salts of isomers of a fentanyl-related substance whenever 

24 the existence of such salts, isomers, and salts of isomers 

25 is possible within the specific chemical designation. 


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1 ‘‘(2) For purposes of paragraph (1), the term 

2 ‘fentanyl-related substance’ includes the following: 

3 ‘‘(A) Any substance that is structurally related 

4 to fentanyl by one or more of the following modifica5 tions: 

6 ‘‘(i) By replacement of the phenyl portion 

7 of the phenethyl group by any monocycle, 

8 whether or not further substituted in or on the 

9 monocycle. 

10 ‘‘(ii) By substitution in or on the phenethyl 

11 group with alkyl, alkenyl, alkoxy, hydroxy, halo, 

12 haloalkyl, amino, or nitro groups. 

13 ‘‘(iii) By substitution in or on the piper14 idine ring with alkyl, alkenyl, alkoxy, ester, 

15 ether, hydroxy, halo, haloalkyl, amino, or nitro 

16 groups. 

17 ‘‘(iv) By replacement of the aniline ring 

18 with any aromatic monocycle whether or not 

19 further substituted in or on the aromatic mono20 cycle. 

21 ‘‘(v) By replacement of the N-propionyl 

22 group by another acyl group. 

23 ‘‘(B) 4′-Methyl acetyl fentanyl. 

24 ‘‘(C) Crotonyl fentanyl. 

25 ‘‘(D) 2′-Fluoro ortho-fluorofentanyl. 


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1 ‘‘(E) Ortho-Methyl acetylfentanyl. 

2 ‘‘(F) Thiofuranyl fentanyl. 

3 ‘‘(G) Ortho-Fluorobutyryl fentanyl. 

4 ‘‘(H) Ortho-Fluoroacryl fentanyl. 

5 ‘‘(I) Beta-Methyl fentanyl. 

6 ‘‘(J) Phenyl fentanyl. 

7 ‘‘(K) Para-Methylfentanyl. 

8 ‘‘(L) Beta′-Phenyl fentanyl. 

9 ‘‘(M) Benzodioxole fentanyl.’’. 

Æ 


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