Federal

William and James Wonacott Act of 2023

Source: Congress.gov · 817 words in original text

What This Bill Does

This bill adds a new criminal penalty to the Controlled Substances Act for distributing illegal fentanyl and fentanyl-related substances. The bill creates stricter prison sentences for people who give, sell or distribute these drugs to others without their knowledge.

Who It Affects

People who illegally distribute fentanyl or fentanyl-related substances. Law enforcement agencies that prosecute these crimes. People who receive prescriptions for fentanyl from licensed doctors or pharmacists.

Key Provisions

It becomes illegal to sell, give or distribute any substance containing two milligrams or more of illicit fentanyl or fentanyl-related substances to someone without their knowledge (Sec. 404A(a)). A person who violates this law and does not cause death shall be imprisoned at least 20 years and may be imprisoned for life (Sec. 404A(b)(1)). A person who violates this law and causes death shall be imprisoned at least 25 years and may be imprisoned for life (Sec. 404A(b)(2)). The law does not apply if the person who received the fentanyl knew about it, received it for medical reasons, or obtained it with a valid prescription from a licensed doctor or pharmacist (Sec. 404A(c)).

What Changes

A new criminal offense is created in the Controlled Substances Act specifically targeting distribution of illicit fentanyl and fentanyl-related substances. Prison sentences for this offense are set with minimums of 20 years for cases without death and 25 years for cases resulting in death.

Important Definitions

Illicit fentanyl means fentanyl and any similar chemical variations that are sold, given, distributed, manufactured or possessed in violation of existing laws (Sec. 404A(d)). Fentanyl-related substance means chemicals structurally related to fentanyl, including various chemical modifications, that are not otherwise approved drugs and not legally exempt (Sec. 404A(e)).

I 118TH CONGRESS 1ST SESSION H. R. 1597 To amend the Controlled Substances Act with respect to a penalty for illicit fentanyl and fentanyl-related substances. IN THE HOUSE OF REPRESENTATIVES MARCH 14, 2023 Mr. NEWHOUSE (for himself and Mr. MOORE of Alabama) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act with respect to a penalty for illicit fentanyl and fentanyl-related substances. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘William and James 4 Wonacott Act of 2023’’. 5 VerDate Sep 11 2014 02:42 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1597.IH H1597 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1597 IH SEC. 2. ENHANCED PENALTY FOR ILLICIT FENTANYL AND 1 FENTANYL-RELATED SUBSTANCES. 2 Part D of title II of the Controlled Substances Act 3 (21 U.S.C. 841) is amended by adding after section 404 4 the following new section: 5 ‘‘SEC. 404A. PENALTY WITH RESPECT TO ILLICIT FENTANYL 6 AND FENTANYL-RELATED SUBSTANCES. 7 ‘‘(a) OFFENSE.—It shall be unlawful for any person 8 to sell, give, or distribute any substance that contains two 9 milligrams or more of— 10 ‘‘(1) illicit fentanyl; or 11 ‘‘(2) a fentanyl-related substance, 12 to another person without such person’s knowledge that 13 the substance sold, given, or distributed contains illicit 14 fentanyl or fentanyl-related substance. 15 ‘‘(b) PENALTY.—Notwithstanding any other provi- 16 sion of law, and subject to subsection (c), any person who 17 violates subsection (a) and such violation— 18 ‘‘(1) does not result in death, shall be impris- 19 oned not less than 20 years and may be imprisoned 20 for life; or 21 ‘‘(2) results in death, shall be imprisoned not 22 less than 25 years and may be imprisoned for life. 23 ‘‘(c) EXCEPTION.—Notwithstanding any other provi- 24 sion of law, this section shall not apply if— 25 VerDate Sep 11 2014 02:42 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1597.IH H1597 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1597 IH ‘‘(1) the individual for which fentanyl or 1 fentanyl-related substance was sold, given, or dis- 2 tributed received such fentanyl knowingly; 3 ‘‘(2) the individual for which fentanyl or 4 fentanyl-related substance was sold, given, or dis- 5 tributed received such fentanyl for a medicinal pur- 6 pose; or 7 ‘‘(3) the individual obtained such fentanyl or 8 fentanyl-related substance pursuant to a valid pre- 9 scription from a licensed medical practitioner or li- 10 censed pharmacist, while they were acting in the 11 course of their professional capacity or as otherwise 12 authorized by this title or title III. 13 ‘‘(d) ILLICIT FENTANYL DEFINED.—In this section, 14 the term ‘illicit fentanyl’ means fentanyl and any analogue 15 or precursor thereof that is sold, given, distributed, manu- 16 factured, or possessed, in violation of section 401, 406, 17 or 416 of this Act. 18 ‘‘(e) FENTANYL-RELATED SUBSTANCE DEFINED.— 19 In this section, the term ‘fentanyl-related substance’ shall 20 have the meaning given such term in section 21 1308.11(h)(30)(i) of title 21, Code of Federal Regulations 22 and shall include any substance not otherwise listed under 23 another Administration Controlled Substance Code Num- 24 ber, and for which no exemption or approval is in effect 25 VerDate Sep 11 2014 02:42 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1597.IH H1597 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1597 IH under section 505 of the Federal Food, Drug, and Cos- 1 metic Act (21 U.S.C. 355), that is structurally related to 2 fentanyl and its analogues, isomers, esters, ethers, salts, 3 and salts of isomers, including— 4 ‘‘(1) replacement of the phenyl portion of the 5 phenethyl group by any monocycle, whether or not 6 further substituted in or on the monocycle; 7 ‘‘(2) substitution in or on the phenethyl group 8 with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, 9 amino, or nitro groups; 10 ‘‘(3) substitution in or on the piperidine ring 11 with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 12 halo, haloalkyl, amino, or nitro groups; 13 ‘‘(4) replacement of the aniline ring with any 14 aromatic monocycle whether or not further sub- 15 stituted in or on the aromatic monocycle; or 16 ‘‘(5) replacement of the N-propionyl group by 17 another acyl group.’’. 18 Æ VerDate Sep 11 2014 02:42 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1597.IH H1597 pbinns on DSKJLVW7X2PROD with $$_JOB

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