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 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4984 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4984

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2022

  Mr. Cotton (for himself, Mr. Cornyn, and Mr. Hawley) 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.--If a violation of 
                        paragraph (1) results in death or is committed 
                        with the intent to cause death, the person 
                        shall be sentenced to death or life 
                        imprisonment 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 
                        life imprisonment 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.

    Schedule I in section 202(c) of the Controlled Substances Act (21 
U.S.C. 812) is amended--
            (1) in subsection (b), by adding at the end 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 the following:
    ``(e)(1) Unless specifically exempted or unless listed in another 
schedule, any material, compound, mixture, or preparation which 
contains any quantity of a fentanyl-related substance, or which 
contains the salts, isomers, and salts of isomers of a fentanyl-related 
substance whenever the existence of such salts, isomers, and salts of 
isomers is possible within the specific chemical designation.
    ``(2) For purposes of paragraph (1), the term `fentanyl-related 
substance' 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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