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 fol-
lowing 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 consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘William and James 
Wonacott Act of 2023’’. 
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SEC. 2. ENHANCED PENALTY FOR ILLICIT FENTANYL AND 
FENTANYL-RELATED SUBSTANCES. 
Part D of title II of the Controlled Substances Act 
(21 U.S.C. 841) is amended by adding after section 404 
the following new section: 
‘‘SEC. 404A. PENALTY WITH RESPECT TO ILLICIT FENTANYL 
AND FENTANYL-RELATED SUBSTANCES. 
‘‘(a) OFFENSE.—It shall be unlawful for any person 
to sell, give, or distribute any substance that contains two 
milligrams or more of— 
‘‘(1) illicit fentanyl; or 
‘‘(2) a fentanyl-related substance, 
to another person without such person’s knowledge that 
the substance sold, given, or distributed contains illicit 
fentanyl or fentanyl-related substance. 
‘‘(b) PENALTY.—Notwithstanding any other provi-
sion of law, and subject to subsection (c), any person who 
violates subsection (a) and such violation— 
‘‘(1) does not result in death, shall be impris-
oned not less than 20 years and may be imprisoned 
for life; or 
‘‘(2) results in death, shall be imprisoned not 
less than 25 years and may be imprisoned for life. 
‘‘(c) EXCEPTION.—Notwithstanding any other provi-
sion of law, this section shall not apply if— 
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‘‘(1) the individual for which fentanyl or 
fentanyl-related substance was sold, given, or dis-
tributed received such fentanyl knowingly; 
‘‘(2) the individual for which fentanyl or 
fentanyl-related substance was sold, given, or dis-
tributed received such fentanyl for a medicinal pur-
pose; or 
‘‘(3) the individual obtained such fentanyl or 
fentanyl-related substance pursuant to a valid pre-
scription from a licensed medical practitioner or li-
censed pharmacist, while they were acting in the 
course of their professional capacity or as otherwise 
authorized by this title or title III. 
‘‘(d) ILLICIT FENTANYL DEFINED.—In this section, 
the term ‘illicit fentanyl’ means fentanyl and any analogue 
or precursor thereof that is sold, given, distributed, manu-
factured, or possessed, in violation of section 401, 406, 
or 416 of this Act. 
‘‘(e) FENTANYL-RELATED SUBSTANCE DEFINED.— 
In this section, the term ‘fentanyl-related substance’ shall 
have 
the 
meaning 
given 
such 
term 
in 
section 
1308.11(h)(30)(i) of title 21, Code of Federal Regulations 
and shall include any substance not otherwise listed under 
another Administration Controlled Substance Code Num-
ber, and for which no exemption or approval is in effect 
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under section 505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355), that is structurally related to 
fentanyl and its analogues, isomers, esters, ethers, salts, 
and salts of isomers, including— 
‘‘(1) replacement of the phenyl portion of the 
phenethyl group by any monocycle, whether or not 
further substituted in or on the monocycle; 
‘‘(2) substitution in or on the phenethyl group 
with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, 
amino, or nitro groups; 
‘‘(3) substitution in or on the piperidine ring 
with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 
halo, haloalkyl, amino, or nitro groups; 
‘‘(4) replacement of the aniline ring with any 
aromatic monocycle whether or not further sub-
stituted in or on the aromatic monocycle; or 
‘‘(5) replacement of the N-propionyl group by 
another acyl group.’’. 
Æ 
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