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II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Americans
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from Fentanyl Trafficking Act of 2021’’.
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•S 1410 IS
SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES
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IN SCHEDULE I.
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Schedule I of section 202(c) of the Controlled sub-
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stances Act (21 U.S.C. 812(c)) is amended by adding at
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the end the following:
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‘‘(e)(1) Fentanyl-related substances, including their
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isomers, esters, ethers, salts, and salts of isomers, esters,
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and ethers.
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‘‘(2) For purposes of paragraph (1), the term
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‘fentanyl-related substance’ means any substance that—
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‘‘(A) is not listed in another schedule;
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‘‘(B) has not been approved under section 505
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of the Federal Food, Drug, and Cosmetic Act (21
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U.S.C. 355) or granted an exemption for investiga-
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tional use under subsection (i) of such section 505;
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and
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‘‘(C) is structurally related to fentanyl by—
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‘‘(i) replacement of the phenyl portion of
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the phenethyl group by any monocycle, whether
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or not further substituted in or on the mono-
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cycle;
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‘‘(ii) substitution in or on the phenethyl
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group with alkyl, alkenyl, alkoxyl, hydroxyl,
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halo, haloalkyl, amino, or nitro groups;
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‘‘(iii) substitution in or on the piperidine
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ring with alkyl, alkenyl, alkoxyl, ester, ether,
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•S 1410 IS
hydroxyl, halo, haloalkyl, amino, or nitro
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groups;
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‘‘(iv) replacement of the aniline ring with
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any aromatic monocycle, whether or not further
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substituted in or on the aromatic monocycle; or
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‘‘(v) replacement of the N-propionyl group
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by another acyl group.’’.
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Æ
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