Title: Federal Initiative to Guarantee Health by Targeting Fentanyl Act
Policy area: Crime and Law Enforcement

Summary:
Federal Initiative to Guarantee Health by Targeting Fentanyl Act
This bill 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.
Additionally, the bill prohibits the application of a mandatory minimum prison term for certain drug offenses involving fentanyl-related substances.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 339 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 339

    To amend the Controlled Substances Act to list fentanyl-related 
substances as schedule I controlled substances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2021

  Mr. Portman (for himself and Mr. Manchin) 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 list fentanyl-related 
substances as schedule I controlled substances, 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 ``Federal Initiative to Guarantee 
Health by Targeting Fentanyl Act''.

SEC. 2. FENTANYL-RELATED SUBSTANCES.

    (a) In General.--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) 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 any substance that is structurally related to fentanyl by 1 or 
more of the following modifications:
            ``(A) By replacement of the phenyl portion of the phenethyl 
        group by any monocycle, whether or not further substituted in 
        or on the monocycle.
            ``(B) By substitution in or on the phenethyl group with 
        alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or 
        nitro groups.
            ``(C) By substitution in or on the piperidine ring with 
        alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 
        haloalkyl, amino, or nitro groups.
            ``(D) By replacement of the aniline ring with any aromatic 
        monocycle whether or not further substituted in or on the 
        aromatic monocycle.
            ``(E) By replacement of the N-propionyl group by another 
        acyl group.''.
    (b) No Minimum Sentence.--Section 401(b)(1)(C) of the Controlled 
Substances Act (21 U.S.C 841(b)(1)(C)) is amended by adding at the end 
the following: ``Any minimum term of imprisonment required to be 
imposed under this subparagraph shall not apply with respect to a 
controlled substance described in subsection (e)(1) of schedule I.''.
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