Stopping Overdoses of Fentanyl Analogues Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1291 Introduced in House (IH)]

&lt;DOC&gt;






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 fentanyl-related 
            substances as schedule I controlled substances.

    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 ``Stopping Overdoses of Fentanyl 
Analogues Act''.

SEC. 2. ARCHIE BADURA MEMORIAL FENTANYL RELATED SUBSTANCE SCHEDULING.

    Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) 
is amended by inserting after subsection (d) the following:
    ``(e)(1) Unless specifically exempted or unless listed in another 
schedule, any material, compound, mixture, or preparation which 
contains any quantity of fentanyl-related substances, or which contains 
their salts, isomers, and salts of isomers whenever the existence of 
such salts, isomers, and salts of isomers is possible within the 
specific chemical designation.
    ``(2) In paragraph (1), the term `fentanyl-related substances' 
includes any substance that is structurally related to fentanyl by one 
or more of the following modifications:
            ``(A) By replacement of the phenyl portion of the phenethyl 
        group by any monocycle, whether or not further substituted in 
        or on the monocycle.
            ``(B) By substitution in or on the phenethyl group with 
        alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or 
        nitro groups.
            ``(C) By substitution in or on the piperidine ring with 
        alkyl, alkenyl, alkoxy, ester, ether, hydroxy, halo, haloalkyl, 
        amino or nitro groups.
            ``(D) By replacement of the aniline ring with any aromatic 
        monocycle whether or not further substituted in or on the 
        aromatic monocycle.
            ``(E) By replacement of the N-propionyl group by another 
        acyl group.''.

SEC. 3. PENALTIES.

    A fentanyl-related substance shall be treated as an analogue of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide under section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) and 
section 1010(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) without requiring proof that a fentanyl-related 
substance meets the definition of a controlled substance analogue under 
section 102 of the Controlled Substances Act (21 U.S.C. 802).

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect one day after the date of enactment of 
this Act.
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