What This Bill Does
This bill changes federal drug law by adding fentanyl-related substances to Schedule I, which is the most restricted category of controlled drugs (drugs the government says have no accepted medical use and a high potential for abuse). The bill says fentanyl-related substances should be treated as illegal drug analogues (similar chemical versions of illegal drugs) without needing to prove they meet the technical definition of a drug analogue.
Who It Affects
Federal law enforcement agencies that investigate and prosecute drug crimes. People who manufacture, distribute or possess fentanyl-related substances. Potentially people involved in pharmaceutical or chemical research, though the bill does not specify exemptions.
Key Provisions
- Any material, mixture or preparation containing any amount of fentanyl-related substances becomes a Schedule I controlled substance, including their salts and isomers (chemical variations that contain the same atoms in different arrangements) (Sec. 2)
- Fentanyl-related substances include any substance with specific chemical modifications to fentanyl involving changes to five different parts of the fentanyl molecule (Sec. 2)
- Fentanyl-related substances will be treated as analogues of fentanyl under federal penalty laws without requiring prosecutors to prove they meet the technical definition of a controlled substance analogue (Sec. 3)
What Changes
If this becomes law, fentanyl-related substances move from potentially unregulated status into Schedule I. The penalties that apply to fentanyl automatically apply to fentanyl-related substances.
Important Definitions
The bill defines "fentanyl-related substances" as substances structurally related to fentanyl through five specific types of chemical modifications to the fentanyl molecule (Sec. 2).
Effective Date
This Act takes effect one day after the date the President signs it into law (Sec. 4).
I
118TH CONGRESS
1ST SESSION H. R. 1291
To amend the Controlled Substances Act to list fentanyl-related substances
as schedule I controlled substances.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. FITZGERALD (for himself, Mrs. CHAVEZ-DEREMER, Mr. TIFFANY, Ms.
MALLIOTAKIS, Mr. MILLS, and Mrs. HINSON) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Controlled Substances Act to list fentanyl-
related substances as schedule I controlled substances.
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 ‘‘Stopping Overdoses
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of Fentanyl Analogues Act’’.
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•HR 1291 IH
SEC. 2. ARCHIE BADURA MEMORIAL FENTANYL RELATED
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SUBSTANCE SCHEDULING.
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Section 202(c) of the Controlled Substances Act (21
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U.S.C. 812(c)) is amended by inserting after subsection
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(d) the following:
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‘‘(e)(1) Unless specifically exempted or unless listed
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in another schedule, any material, compound, mixture, or
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preparation which contains any quantity of fentanyl-re-
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lated substances, or which contains their salts, isomers,
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and salts of isomers whenever the existence of such salts,
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isomers, and salts of isomers is possible within the specific
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chemical designation.
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‘‘(2) In paragraph (1), the term ‘fentanyl-related sub-
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stances’ includes any substance that is structurally related
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to fentanyl by one or more of the following modifications:
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‘‘(A) By replacement of the phenyl portion of
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the phenethyl group by any monocycle, whether or
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not further substituted in or on the monocycle.
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‘‘(B) By substitution in or on the phenethyl
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group with alkyl, alkenyl, alkoxy, hydroxy, halo,
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haloalkyl, amino or nitro groups.
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‘‘(C) By substitution in or on the piperidine
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ring with alkyl, alkenyl, alkoxy, ester, ether, hy-
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droxy, halo, haloalkyl, amino or nitro groups.
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•HR 1291 IH
‘‘(D) By replacement of the aniline ring with
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any aromatic monocycle whether or not further sub-
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stituted in or on the aromatic monocycle.
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‘‘(E) By replacement of the N-propionyl group
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by another acyl group.’’.
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SEC. 3. PENALTIES.
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A fentanyl-related substance shall be treated as an
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analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
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propanamide under section 401(b)(1) of the Controlled
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Substances Act (21 U.S.C. 841(b)(1)) and section
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1010(b) of the Controlled Substances Import and Export
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Act (21 U.S.C. 960(b)) without requiring proof that a
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fentanyl-related substance meets the definition of a con-
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trolled substance analogue under section 102 of the Con-
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trolled Substances Act (21 U.S.C. 802).
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SEC. 4. EFFECTIVE DATE.
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This Act shall take effect one day after the date of
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enactment of this Act.
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Æ
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