Stop Pills That Kill Act

To amend the Controlled Substances Act to prohibit certain acts related to fentanyl, analogues of fentanyl, and counterfeit substances, and for other purposes. 1. Short title This Act may be cited as the Stop Pills That Kill Act 2. Definition In this Act, the term counterfeit fentanyl or methamphetamine substance (1) contains fentanyl, any analogue of fentanyl, or methamphetamine; and (2) is marketed, sold, or falsely bears the trademark, trade name, or other identifying mark, imprint, number, or any likeness thereof of another product. 3. Prohibited acts Section 403(d)(2) of the Controlled Substances Act ( 21 U.S.C. 843(d)(2) , fentanyl, an analogue of fentanyl, or a counterfeit substance methamphetamine 4. Directive to the United States Sentencing Commission The United States Sentencing Commission shall review and amend, if appropriate, the sentencing guidelines in accordance with section 994 of title 28, United States Code, to provide for a 4-level enhancement for a defendant who knowingly misrepresented as either a prescription or over-the-counter medication in pill or tablet form a counterfeit or otherwise adulterated pill or tablet that contained a detectable amount of fentanyl, or a fentanyl analogue, or methamphetamine. 5. Comprehensive plan Not later than 180 days after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall establish and implement an operation and response plan to address counterfeit fentanyl or methamphetamine substances that includes— (1) strategies to enable and empower Federal law enforcement efforts to investigate and seize counterfeit fentanyl or methamphetamine substances; (2) specific ways that education and prevention efforts to stop the use of counterfeit fentanyl or methamphetamine substances will be increased, including how— (A) ongoing efforts, such as Operation Engage, are effective in increasing education and prevention; and (B) how the efforts described in subparagraph (A) are tailored to youth and teen access; and (3) an audit of current campaigns, including the One Pill Can Kill 6. Report to Congress (a) Report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and Director of the Office of National Drug Control Policy, shall submit to Congress a report on information regarding the collection and prosecutions of counterfeit fentanyl or methamphetamine substances. (b) Contents The report required under subsection (a) shall include the following: (1) Data on the aggregate number of counterfeit fentanyl or methamphetamine substances seized and collected by Federal law enforcement agencies. (2) A breakdown on how many counterfeit fentanyl or methamphetamine substances are in pill form. (3) A breakdown on which illicit substances are present in the counterfeit fentanyl or methamphetamine substances that are in pill form. (4) Data outlining where and when counterfeit fentanyl or methamphetamine substances were seized. (5) Data on the charges filed against those manufacturing, distributing, or dispending, or possessing with the intent to distribute or dispense a counterfeit fentanyl or methamphetamine substance, particularly in pill form, pursuant to paragraph (1) or (2) of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) (6) Data on the convictions and sentences against those who are found guilty under paragraph (1) or (2) of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) (7) Any prevention measures that the Department of Justice, Drug Enforcement Administration, or Office of National Drug Control Policy are undertaking to limit and reduce the spread of counterfeit fentanyl or methamphetamine substances in pill form, including ongoing public awareness campaigns.

Summary: Stop Pills That Kill Act This bill increases criminal penalties for offenses relating to the manufacture of fentanyl or counterfeit substances. It also establishes requirements for federal agencies to address the use of counterfeit substances. Specifically, the bill applies an increased criminal penalty for possessing, manufacturing, or distributing certain equipment or materials that are used to illegally manufacture fentanyl, an analogue of fentanyl, or a counterfeit substance (the increased penalty is currently limited to offenses involving methamphetamine). The bill also requires the United States Sentencing Commission to review sentencing guidelines and amend them, if appropriate, to include an enhanced penalty for those who knowingly misrepresent counterfeit pills that have fentanyl, a fentanyl analogue, or methamphetamine as legitimate pills. The Drug Enforcement Administration must establish and implement a plan to address counterfeit fentanyl or methamphetamine substances through law enforcement action and education and prevention efforts. In addition, the Department of Justice must annually report on the collection of counterfeit fentanyl or methamphetamine substances by law enforcement and on related prosecutions.