STOP Fentanyl Act

Subjects: Crime and Law Enforcement, Border security and unlawful immigration, Criminal procedure and sentencing, Drug trafficking and controlled substances, Latin America, Mexico, Smuggling and trafficking

Summary:  <p><strong></strong><b>Standardizing Thresholds Of Penalties for Fentanyl Act or the STOP Fentanyl Act</b></p> <p> This bill reduces the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, imports, exports, or possesses with intent to distribute fentanyl. The bill also creates enhanced criminal penalties for certain violations involving fentanyl that was imported along the U.S.-Mexico border. </p> <p>Specifically, the bill reduces from 400 to 5 grams the fentanyl quantity and from 100 to 0.05 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for high-level first-time or repeat offenders. It also reduces from 40 to 0.5 grams the fentanyl quantity and from 10 to 0.005 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders.</p> <p>Additionally, the bill creates enhanced mandatory minimum prison terms for importing or exporting fentanyl that was imported along the U.S.-Mexico border.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 335 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 335

 To reduce the threshold for mandatory minimum penalties for fentanyl-
related offenses under the Controlled Substances Act and the Controlled 
       Substances Import and Export Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2023

Mr. Grothman (for himself, Mr. Banks, Mr. Allen, Mr. Jackson of Texas, 
   Mr. Finstad, Ms. Tenney, Mr. Lamborn, Mr. Posey, Mr. Norman, Mr. 
    Fallon, Mr. Fitzgerald, Mr. LaMalfa, Mr. Babin, Mr. Zinke, Mr. 
  Huizenga, Mr. Owens, Mr. Rouzer, Mr. Wilson of South Carolina, Mrs. 
 Greene of Georgia, Mr. DesJarlais, Mr. Fry, and Mr. Baird) 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 reduce the threshold for mandatory minimum penalties for fentanyl-
related offenses under the Controlled Substances Act and the Controlled 
       Substances Import and Export Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Standardizing Thresholds Of 
Penalties for Fentanyl Act'' or the ``STOP Fentanyl Act''.

SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended--
            (1) in subparagraph (A)(vi)--
                    (A) by striking ``400'' and inserting ``5'';
                    (B) by striking ``100'' and inserting ``0.05''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''; and
            (2) in subparagraph (B)(vi)--
                    (A) by striking ``40'' and inserting ``0.5'';
                    (B) by striking ``10'' and inserting ``0.005''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''.

SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.

    Section 1010(b) of the Controlled Substances Import and Export Act 
(21 U.S.C. 960(b)) is amended--
            (1) in paragraph (1)(F)--
                    (A) by striking ``400'' and inserting ``5'';
                    (B) by striking ``100'' and inserting ``0.05''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of'';
            (2) in paragraph (2)(F)--
                    (A) by striking ``40'' and inserting ``0.5'';
                    (B) by striking ``10'' and inserting ``0.005''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''; and
            (3) by adding at the end the following:
            ``(8) In the case of a violation under subsection (a) of 
        this section involving a mixture or substance containing a 
        detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-
        piperidinyl] propanamide or a mixture or substance containing a 
        detectable amount of any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide, in which the substance 
        was imported along the United States international border with 
        Mexico, the person committing such a violation shall be 
        sentenced to a term of imprisonment of not less than 20 years 
        and not more than life imprisonment and if death or serious 
        bodily injury results from the use of such substance shall be 
        sentenced to life imprisonment.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to an offense occurring 
on or after the date of enactment of this Act.
                                 &lt;all&gt;
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