‘‘(5) Notwithstanding any other provision of this title 
or title III, fentanyl-related substances shall not be subject 
to quantity-based mandatory minimum penalties pursuant 
to subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of 
this title or paragraph (1)(F) or (2)(F) of section 1010(b) 
of title III.’’. 
SEC. 
3. 
PENALTY 
PROVISIONS 
WITH 
RESPECT 
TO 
FENTANYL-RELATED 
SUBSTANCES—DOMES-
TIC OFFENSES. 
Section 401(b)(1) of the Controlled Substances Act 
(21 U.S.C. 841(b)(1)) is amended— 
(1) in subparagraph (A), by striking clause (vi) 
and inserting the following: 
‘‘(vi)(I) 400 grams or more of a mixture or sub-
stance containing a detectable amount of fentanyl; 
or 
‘‘(II) 100 grams or more of a mixture or sub-
stance containing a detectable amount of any ana-
logue of fentanyl that is controlled in schedule I or 
II or that is treated as a schedule I controlled sub-
stance pursuant to section 203(a), except for a 
fentanyl-related substance as defined in schedule 
I(e) of section 202(c);’’; 
(2) in subparagraph (B), by striking clause (vi) 
and inserting the following: 
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‘‘(vi)(I) 40 grams or more of a mixture or sub-
stance containing a detectable amount of fentanyl; 
or 
‘‘(II) 10 grams or more of a mixture or sub-
stance containing a detectable amount of any ana-
logue of fentanyl that is controlled in schedule I or 
II or that is treated as a schedule I controlled sub-
stance pursuant to section 203(a), except for a 
fentanyl-related substance as defined in schedule 
I(e) of section 202(c);’’; and 
(3) in subparagraph (C), by inserting ‘‘, includ-
ing a fentanyl-related substance as defined in sched-
ule I(e) of section 202(c),’’ after ‘‘a controlled sub-
stance in schedule I or II,’’. 
SEC. 
4. 
PENALTY 
PROVISIONS 
WITH 
RESPECT 
TO 
FENTANYL-RELATED 
SUBSTANCES—IMPORT 
AND EXPORT OFFENSES. 
Section 1010(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(b)) is amended— 
(1) in paragraph (1), by striking subparagraph 
(F) and inserting the following: 
‘‘(F)(i) 400 grams or more of a mixture or sub-
stance containing a detectable amount of fentanyl; 
or 
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‘‘(ii) 100 grams or more of a mixture or sub-
stance containing a detectable amount of any ana-
logue of fentanyl that is controlled in schedule I or 
II or that is treated as a schedule I controlled sub-
stance pursuant to section 203(a) of the Controlled 
Substances Act, except for a fentanyl-related sub-
stance as defined in schedule I(e) of section 202(c) 
of the Controlled Substances Act;’’; 
(2) in paragraph (2), by striking subparagraph 
(F) and inserting the following: 
‘‘(F)(i) 40 grams or more of a mixture or sub-
stance containing a detectable amount of fentanyl; 
or 
‘‘(ii) 10 grams or more of a mixture or sub-
stance containing a detectable amount of any ana-
logue of fentanyl that is controlled in schedule I or 
II or that is treated as a schedule I controlled sub-
stance pursuant to section 203(a) of the Controlled 
Substances Act, except for a fentanyl-related sub-
stance as defined in schedule I(e) of section 202(c) 
of the Controlled Substances Act;’’; and 
(3) in paragraph (3), by inserting ‘‘including a 
fentanyl-related substance as defined in schedule 
I(e) of section 202(c) of the Controlled Substances 
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Act,’’ after ‘‘a controlled substance in schedule I or 
II,’’. 
SEC. 5. REMOVAL FROM SCHEDULE I OF FENTANYL-RE-
LATED SUBSTANCES. 
Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the following 
new subsection: 
‘‘(k) REMOVAL FROM SCHEDULE I OF FENTANYL- 
RELATED SUBSTANCES.— 
‘‘(1) DETERMINATION
RESULTING
IN
RE-
MOVAL.—If the Secretary determines, taking into 
consideration factors as set forth in paragraph (3), 
that a fentanyl-related substance has a potential for 
abuse that is less than the drugs or other substances 
in schedule V— 
‘‘(A) the Secretary shall submit to the At-
torney General a scientific and medical evalua-
tion of that fentanyl-related substance sup-
porting that determination; 
‘‘(B) the Secretary shall submit any such 
evaluation and determination in writing and in-
clude the bases therefor; 
‘‘(C) the scientific and medical determina-
tion of the Secretary contained in such evalua-
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tion shall be binding on the Attorney General; 
and 
‘‘(D) not later than 90 days after receiving 
such evaluation and determination, the Attor-
ney General shall issue an order removing such 
fentanyl-related substance from the schedules 
under section 202. 
‘‘(2) DETERMINATION RESULTING IN RESCHED-
ULING.—If the Secretary determines, taking into 
consideration factors as set forth in paragraph (3), 
that a fentanyl-related substance has a potential for 
abuse that is less than the drugs or other substances 
in schedules I and II— 
‘‘(A) the Secretary shall submit to the At-
torney General a scientific and medical evalua-
tion of that fentanyl-related substance sup-
porting that determination; 
‘‘(B) the Secretary shall submit any such 
evaluation and determination in writing and in-
clude the bases therefor; 
‘‘(C) the scientific and medical determina-
tion of the Secretary contained in such evalua-
tion shall be binding on the Attorney General; 
and 
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