Title: Modernizing Drug Enforcement Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Modernizing Drug Enforcement Act of 2018
This bill deems a drug or substance that acts as an opioid mu receptor agonist (e.g., morphine) to be in schedule I of the Controlled Substances Act, subject to certain exceptions. A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5298 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5298

     To amend the Controlled Substances Act to deem drugs or other 
substances that act as opioid mu receptor agonists to be in schedule I, 
subject to exceptions for substances intended for legitimate medical or 
                 research use, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2018

   Mr. Roe of Tennessee (for himself and Mr. Suozzi) 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 deem drugs or other 
substances that act as opioid mu receptor agonists to be in schedule I, 
subject to exceptions for substances intended for legitimate medical or 
                 research use, 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 ``Modernizing Drug Enforcement Act of 
2018''.

SEC. 2. DRUGS OR OTHER SUBSTANCES THAT ACT AS OPIOID MU RECEPTOR 
              AGONISTS.

    (a) Definitions.--Paragraph (18) of section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended to read as follows:
    ``(18)(A) The term `opiate'or `opioid'--
            ``(i) means any drug or other substance having an 
        addiction-forming or addiction-sustaining liability similar to 
        morphine or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability; and
            ``(ii) includes any drug or other substance that acts as an 
        opioid mu receptor agonist.
    ``(B) The term `opioid mu receptor' is a molecule that when bound 
to, and activated by, an opioid mu receptor agonist would result in 
analgesia, euphoria, addiction, or respiratory depression in the 
central nervous system.
    ``(C) The term `opioid mu receptor agonist' is a substance that 
when bound to, and interacting with, the opioid mu receptor, activates 
the receptor to result in analgesia, euphoria, addiction, or 
respiratory depression.''.
    (b) Scheduling.--Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the following:
    ``(k) Opioid Mu Receptor Agonists.--
            ``(1) In general.--Effective as of the date of enactment of 
        the Modernizing Drug Enforcement Act of 2018, schedule I under 
        section 202 is deemed to include, unless specifically exempted 
        or unless listed in another schedule, any chemical substances, 
        including their salts, isomers, and salts of isomers whenever 
        the existence of such salts, isomers, and salts of isomers is 
        possible, that act as opioid mu receptor agonists, and any 
        material, compound, mixture, or preparation that contains any 
        quantity of such substances.
            ``(2) Exceptions.--A chemical substance is exempt from 
        inclusion in schedule I by operation of paragraph (1) if the 
        substance--
                    ``(A) is the subject of an approved application 
                submitted under subsection (b) or (j) of section 505 of 
                the Federal Food, Drug, and Cosmetic Act;
                    ``(B) is exempt from the provisions of section 505 
                of such Act relating to new drugs because--
                            ``(i) the substance is intended solely for 
                        investigational use as described in section 
                        505(i) of such Act; and
                            ``(ii) the substance is being used 
                        exclusively for purposes of a clinical trial 
                        that is the subject of an effective 
                        investigational new drug application; or
                    ``(C) is the subject of a nonclinical drug 
                investigation by experts qualified by scientific 
                training and experience to investigate the safety and 
                effectiveness of drugs.
            ``(3) Listing.--Not later than 180 days after the date of 
        enactment of the Modernizing Drug Enforcement Act of 2018, the 
        Attorney General shall update schedule I in accordance with 
        paragraph (1). The Attorney General may list substances in 
        schedule I pursuant to paragraph (1) without regard to the 
        process and considerations that are otherwise applicable under 
        this section for adding, removing, or transferring controlled 
        substances to, from, or among the schedules under section 
        202.''.
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