Title: Protecting Americans from Fentanyl Trafficking Act of 2021
Policy area: Crime and Law Enforcement

Summary:
Protecting Americans from Fentanyl Trafficking Act of 2021
This bill permanently places fentanyl-related substances as a class into 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.
The temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on January 28, 2022.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1410

     To codify the temporary scheduling order for fentanyl-related 
 substances by adding fentanyl-related substances to schedule I of the 
                       Controlled Substances Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2021

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To codify the temporary scheduling order for fentanyl-related 
 substances by adding fentanyl-related substances to schedule I of the 
                       Controlled Substances Act.

    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 ``Protecting Americans from Fentanyl 
Trafficking Act of 2021''.

SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES IN SCHEDULE I.

    Schedule I of section 202(c) of the Controlled substances Act (21 
U.S.C. 812(c)) is amended by adding at the end the following:
    ``(e)(1) Fentanyl-related substances, including their isomers, 
esters, ethers, salts, and salts of isomers, esters, and ethers.
    ``(2) For purposes of paragraph (1), the term `fentanyl-related 
substance' means any substance that--
            ``(A) is not listed in another schedule;
            ``(B) has not been approved under section 505 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or granted 
        an exemption for investigational use under subsection (i) of 
        such section 505; and
            ``(C) is structurally related to fentanyl by--
                    ``(i) replacement of the phenyl portion of the 
                phenethyl group by any monocycle, whether or not 
                further substituted in or on the monocycle;
                    ``(ii) substitution in or on the phenethyl group 
                with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 
                haloalkyl, amino, or nitro groups;
                    ``(iii) substitution in or on the piperidine ring 
                with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 
                halo, haloalkyl, amino, or nitro groups;
                    ``(iv) replacement of the aniline ring with any 
                aromatic monocycle, whether or not further substituted 
                in or on the aromatic monocycle; or
                    ``(v) replacement of the N-propionyl group by 
                another acyl group.''.
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