Federal

CEASE Overdose Act of 2023

Source: Congress.gov · 567 words in original text

What This Bill Does

This bill amends the Controlled Substances Act to automatically place fentanyl-related substances into Schedule I (the most restrictive category for drugs with no approved medical use). The bill targets chemical variations of fentanyl that are structurally similar but may not have been previously controlled.

Who It Affects

The Attorney General (the top law enforcement official in the federal government), pharmaceutical manufacturers, chemical suppliers, and law enforcement agencies enforcing drug laws.

Key Provisions

• Any material, compound, mixture or preparation containing any amount of a fentanyl-related substance is automatically placed in Schedule I unless specifically exempted or already listed in another schedule (Sec. 2) • A fentanyl-related substance is defined as any substance structurally related to fentanyl through specific chemical modifications, including replacing or substituting various parts of the fentanyl molecule (Sec. 2) • Substances already controlled by the Attorney General or already listed in another drug schedule are excluded from this automatic scheduling (Sec. 2)

What Changes

If this becomes law, any chemical variant of fentanyl that matches the structural definitions in the bill would automatically be treated as a Schedule I controlled substance without needing separate legal action.

Important Definitions

Fentanyl-related substance: any substance chemically similar to fentanyl through specific structural changes to its molecular structure.

I 118TH CONGRESS 1ST SESSION H. R. 1580 To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 14, 2023 Mr. JOHNSON of Louisiana introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes. 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 ‘‘Continuous and En- 4 during Action to Stop Every Overdose Act of 2023’’ or 5 the ‘‘CEASE Overdose Act of 2023’’. 6 VerDate Sep 11 2014 16:11 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1580.IH H1580 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1580 IH SEC. 2. CLASS SCHEDULING OF FENTANYL-RELATED SUB- 1 STANCES. 2 Section 202(c) of the Controlled Substances Act (21 3 U.S.C. 812(c)) is amended by adding at the end of sched- 4 ule I the following: 5 ‘‘(e)(1) Unless specifically exempted or unless listed 6 in another schedule, any material, compound, mixture, or 7 preparation which contains any quantity of a fentanyl-re- 8 lated substance, or which contains the salts, isomers, and 9 salts of isomers of a fentanyl-related substance whenever 10 the existence of such salts, isomers, and salts of isomers 11 is possible within the specific chemical designation. 12 ‘‘(2) For purposes of paragraph (1), except as pro- 13 vided in paragraph (3), the term ‘fentanyl-related sub- 14 stance’ means any substance that is structurally related 15 to fentanyl by 1 or more of the following modifications: 16 ‘‘(A) By replacement of the phenyl portion of 17 the phenethyl group by any monocycle, whether or 18 not further substituted in or on the monocycle. 19 ‘‘(B) By substitution in or on the phenethyl 20 group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 21 haloalkyl, amino, or nitro groups. 22 ‘‘(C) By substitution in or on the piperidine 23 ring with alkyl, alkenyl, alkoxyl, ester, ether, 24 hydroxyl, halo, haloalkyl, amino, or nitro groups. 25 VerDate Sep 11 2014 16:11 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1580.IH H1580 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1580 IH ‘‘(D) By replacement of the aniline ring with 1 any aromatic monocycle whether or not further sub- 2 stituted in or on the aromatic monocycle. 3 ‘‘(E) By replacement of the N-propionyl group 4 with another acyl group. 5 ‘‘(3) A substance that satisfies the definition of the 6 term ‘fentanyl-related substance’ in paragraph (2) shall 7 nonetheless not be treated as a fentanyl-related substance 8 subject to this schedule if the substance— 9 ‘‘(A) is controlled by action of the Attorney 10 General under section 201; or 11 ‘‘(B) is otherwise expressly listed in a schedule 12 other than this schedule.’’. 13 Æ VerDate Sep 11 2014 16:11 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1580.IH H1580 pbinns on DSKJLVW7X2PROD with $$_JOB

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