I 

118TH CONGRESS 

1ST SESSION H. R. 1597 

To amend the Controlled Substances Act with respect to a penalty for illicit 

fentanyl and fentanyl-related substances. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2023 

Mr. NEWHOUSE (for himself and Mr. MOORE of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Energy and Commerce, 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 with respect to 

a penalty for illicit fentanyl and fentanyl-related 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 ‘‘William and James 

5 Wonacott Act of 2023’’. 


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1 SEC. 2. ENHANCED PENALTY FOR ILLICIT FENTANYL AND 

2 FENTANYL-RELATED SUBSTANCES. 

3 Part D of title II of the Controlled Substances Act 

4 (21 U.S.C. 841) is amended by adding after section 404 

5 the following new section: 

6 ‘‘SEC. 404A. PENALTY WITH RESPECT TO ILLICIT FENTANYL 

7 AND FENTANYL-RELATED SUBSTANCES. 

8 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

9 to sell, give, or distribute any substance that contains two 

10 milligrams or more of— 

11 ‘‘(1) illicit fentanyl; or 

12 ‘‘(2) a fentanyl-related substance, 

13 to another person without such person’s knowledge that 

14 the substance sold, given, or distributed contains illicit 

15 fentanyl or fentanyl-related substance. 

16 ‘‘(b) PENALTY.—Notwithstanding any other provi17 sion of law, and subject to subsection (c), any person who 

18 violates subsection (a) and such violation— 

19 ‘‘(1) does not result in death, shall be impris20 oned not less than 20 years and may be imprisoned 

21 for life; or 

22 ‘‘(2) results in death, shall be imprisoned not 

23 less than 25 years and may be imprisoned for life. 

24 ‘‘(c) EXCEPTION.—Notwithstanding any other provi25 sion of law, this section shall not apply if— 


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•HR 1597 IH

1 ‘‘(1) the individual for which fentanyl or 

2 fentanyl-related substance was sold, given, or dis3 tributed received such fentanyl knowingly; 

4 ‘‘(2) the individual for which fentanyl or 

5 fentanyl-related substance was sold, given, or dis6 tributed received such fentanyl for a medicinal pur7 pose; or 

8 ‘‘(3) the individual obtained such fentanyl or 

9 fentanyl-related substance pursuant to a valid pre10 scription from a licensed medical practitioner or li11 censed pharmacist, while they were acting in the 

12 course of their professional capacity or as otherwise 

13 authorized by this title or title III. 

14 ‘‘(d) ILLICIT FENTANYL DEFINED.—In this section, 

15 the term ‘illicit fentanyl’ means fentanyl and any analogue 

16 or precursor thereof that is sold, given, distributed, manu17 factured, or possessed, in violation of section 401, 406, 

18 or 416 of this Act. 

19 ‘‘(e) FENTANYL-RELATED SUBSTANCE DEFINED.— 

20 In this section, the term ‘fentanyl-related substance’ shall 

21 have the meaning given such term in section 

22 1308.11(h)(30)(i) of title 21, Code of Federal Regulations 

23 and shall include any substance not otherwise listed under 

24 another Administration Controlled Substance Code Num25 ber, and for which no exemption or approval is in effect 


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•HR 1597 IH

1 under section 505 of the Federal Food, Drug, and Cos2 metic Act (21 U.S.C. 355), that is structurally related to 

3 fentanyl and its analogues, isomers, esters, ethers, salts, 

4 and salts of isomers, including— 

5 ‘‘(1) replacement of the phenyl portion of the 

6 phenethyl group by any monocycle, whether or not 

7 further substituted in or on the monocycle; 

8 ‘‘(2) substitution in or on the phenethyl group 

9 with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, 

10 amino, or nitro groups; 

11 ‘‘(3) substitution in or on the piperidine ring 

12 with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 

13 halo, haloalkyl, amino, or nitro groups; 

14 ‘‘(4) replacement of the aniline ring with any 

15 aromatic monocycle whether or not further sub16 stituted in or on the aromatic monocycle; or 

17 ‘‘(5) replacement of the N-propionyl group by 

18 another acyl group.’’. 

Æ 


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