Title: Zero Tolerance for Deceptive Fentanyl Trafficking Act
Policy area: Crime and Law Enforcement

Summary:
Zero Tolerance for Deceptive Fentanyl Trafficking Act
This bill adds five fentanyl analogues and the entire category of fentanyl-related substances to schedule I of the Controlled Substances Act. 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.
Additionally, the bill establishes a new criminal offense and penalties with respect to the deceptive sale of fentanyl, fentanyl analogues, or fentanyl-related substances.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3342 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3342

 To amend the Controlled Substances Act to prohibit the deceptive sale 
                  of fentanyl, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2020

Mr. Cotton (for himself, Mrs. Loeffler, and Mrs. Blackburn) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to prohibit the deceptive sale 
                  of fentanyl, 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 ``Zero Tolerance for Deceptive 
Fentanyl Trafficking Act''.

SEC. 2. PROHIBITION OF THE DECEPTIVE SALE OF FENTANYL.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
    ``(i) Deceptive Sale of Fentanyl and Fentanyl-Related Substances.--
            ``(1) Offense.--It shall be unlawful for any person to 
        knowingly misrepresent or knowingly market as another substance 
        a mixture or substance containing fentanyl, a fentanyl 
        analogue, or a fentanyl-related substance (as defined in 
        subsection (e)(2) of Schedule I in section 202(c)).
            ``(2) Penalty.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any person who violates paragraph (1) 
                shall be imprisoned for not less than 20 years and 
                fined under title 18, United States Code.
                    ``(B) Enhanced penalties.--
                            ``(i) Death results.--In the case of a 
                        violation of paragraph (1) in which death 
                        results from the violation, or the person 
                        commits the violation with the intent to cause 
                        death, the person shall be punished by death or 
                        by a sentence of imprisonment for life and 
                        fined under title 18, United States Code.
                            ``(ii) Prior felony conviction or unlawful 
                        presence in the united states.--A person who 
                        violates paragraph (1) shall be sentenced to 
                        imprisonment for life and fined under title 18, 
                        United States Code, if the violation occurs--
                                    ``(I) after any other prior felony 
                                conviction of the person has become 
                                final; or
                                    ``(II) while the person is 
                                unlawfully present in the United 
                                States.''.

SEC. 3. FENTANYL-RELATED SUBSTANCES.

    Section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is 
amended--
            (1) by adding at the end of subsection (b) of Schedule I 
        the following:
            ``(23) Isobutyryl fentanyl.
            ``(24) Para-Methoxybutyrylfentanyl.
            ``(25) Valeryl fentanyl.
            ``(26) Cyclopentyl fentanyl.
            ``(27) Para-Chloroisobutyryl fentanyl.''; and
            (2) by adding at the end of Schedule I 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 the following:
            ``(A) Any substance that is structurally related to 
        fentanyl by one or more of the following modifications:
                    ``(i) By replacement of the phenyl portion of the 
                phenethyl group by any monocycle, whether or not 
                further substituted in or on the monocycle.
                    ``(ii) By substitution in or on the phenethyl group 
                with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, 
                amino or nitro groups.
                    ``(iii) By substitution in or on the piperidine 
                ring with alkyl, alkenyl, alkoxy, ester, ether, 
                hydroxy, halo, haloalkyl, amino or nitro groups.
                    ``(iv) By replacement of the aniline ring with any 
                aromatic monocycle whether or not further substituted 
                in or on the aromatic monocycle.
                    ``(v) By replacement of the N-propionyl group by 
                another acyl group.
            ``(B) 4'-Methyl acetyl fentanyl.
            ``(C) Crotonyl fentanyl.
            ``(D) 2'-Fluoro ortho-fluorofentanyl.
            ``(E) Ortho-Methyl acetylfentanyl.
            ``(F) Thiofuranyl fentanyl.
            ``(G) Ortho-Fluorobutyryl fentanyl.
            ``(H) Ortho-Fluoroacryl fentanyl.
            ``(I) Beta-Methyl fentanyl.
            ``(J) Phenyl fentanyl.
            ``(K) Para-Methylfentanyl.
            ``(L) Beta'-Phenyl fentanyl.
            ``(M) Benzodioxole fentanyl.''.
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