I 

118TH CONGRESS 

1ST SESSION H. R. 1291 

To amend the Controlled Substances Act to list fentanyl-related substances 

as schedule I controlled substances. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2023 

Mr. FITZGERALD (for himself, Mrs. CHAVEZ-DEREMER, Mr. TIFFANY, Ms. 

MALLIOTAKIS, Mr. MILLS, and Mrs. HINSON) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act to list fentanylrelated substances as schedule I controlled substances. 

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 ‘‘Stopping Overdoses 

5 of Fentanyl Analogues Act’’. 


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•HR 1291 IH

1 SEC. 2. ARCHIE BADURA MEMORIAL FENTANYL RELATED 

2 SUBSTANCE SCHEDULING. 

3 Section 202(c) of the Controlled Substances Act (21 

4 U.S.C. 812(c)) is amended by inserting after subsection 

5 (d) the following: 

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

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

8 preparation which contains any quantity of fentanyl-re9 lated substances, or which contains their salts, isomers, 

10 and salts of isomers whenever the existence of such salts, 

11 isomers, and salts of isomers is possible within the specific 

12 chemical designation. 

13 ‘‘(2) In paragraph (1), the term ‘fentanyl-related sub14 stances’ includes any substance that is structurally related 

15 to fentanyl by one or more of the following modifications: 

16 ‘‘(A) By replacement of the phenyl portion of 

17 the phenethyl group by any monocycle, whether or 

18 not further substituted in or on the monocycle. 

19 ‘‘(B) By substitution in or on the phenethyl 

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

21 haloalkyl, amino or nitro groups. 

22 ‘‘(C) By substitution in or on the piperidine 

23 ring with alkyl, alkenyl, alkoxy, ester, ether, hy24 droxy, halo, haloalkyl, amino or nitro groups. 


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•HR 1291 IH

1 ‘‘(D) By replacement of the aniline ring with 

2 any aromatic monocycle whether or not further sub3 stituted in or on the aromatic monocycle. 

4 ‘‘(E) By replacement of the N-propionyl group 

5 by another acyl group.’’. 

6 SEC. 3. PENALTIES. 

7 A fentanyl-related substance shall be treated as an 

8 analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 

9 propanamide under section 401(b)(1) of the Controlled 

10 Substances Act (21 U.S.C. 841(b)(1)) and section 

11 1010(b) of the Controlled Substances Import and Export 

12 Act (21 U.S.C. 960(b)) without requiring proof that a 

13 fentanyl-related substance meets the definition of a con14 trolled substance analogue under section 102 of the Con15 trolled Substances Act (21 U.S.C. 802). 

16 SEC. 4. EFFECTIVE DATE. 

17 This Act shall take effect one day after the date of 

18 enactment of this Act. 

Æ 


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