What This Bill Does
This bill lowers the amounts of fentanyl and fentanyl-like chemicals that trigger mandatory minimum prison sentences under federal drug laws. It changes the thresholds in two separate federal laws that control drug crimes and drug smuggling across borders.
Who It Affects
People charged with fentanyl-related drug crimes. People who import or export fentanyl or similar substances. Federal courts that sentence people convicted of these crimes.
Key Provisions
• The bill reduces the amount of fentanyl needed to trigger a mandatory minimum sentence from 400 grams to 5 grams for serious drug distribution crimes, and from 40 grams to 0.5 grams for less serious drug distribution crimes (Sec. 2).
• The bill reduces the amount of fentanyl needed to trigger a mandatory minimum sentence from 100 grams to 0.05 grams for serious drug crimes, and from 10 grams to 0.005 grams for less serious drug crimes (Sec. 2).
• The bill makes the same threshold reductions for drug smuggling crimes under import and export laws, lowering them from 400 grams to 5 grams for serious crimes and from 40 grams to 0.5 grams for less serious crimes (Sec. 3).
• Anyone who imports a substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (a fentanyl-type chemical) along the U.S.-Mexico border must receive at least 20 years in prison, and life imprisonment if the drug causes death or serious bodily injury (Sec. 3).
• The bill applies to "scheduled or unscheduled" analogues (similar chemical versions) of fentanyl, not just fentanyl itself (Sec. 2 and Sec. 3).
What Changes
Lower amounts of fentanyl will now automatically trigger mandatory minimum prison sentences. People charged with fentanyl crimes involving smaller quantities will face stricter punishments than they did before. Fentanyl-like chemicals that are not officially scheduled will also trigger these penalties.
Important Definitions
Analogue: A chemical substance with a similar structure to another substance. The bill specifies it applies to both "scheduled or unscheduled" analogues.
Effective Date
The changes apply to any offense that occurs on or after the date the bill becomes law (Sec. 4).
I
118TH CONGRESS
1ST SESSION
H. R. 335
To reduce the threshold for mandatory minimum penalties for fentanyl-related
offenses under the Controlled Substances Act and the Controlled Sub-
stances Import and Export Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. GROTHMAN (for himself, Mr. BANKS, Mr. ALLEN, Mr. JACKSON of Texas,
Mr. FINSTAD, Ms. TENNEY, Mr. LAMBORN, Mr. POSEY, Mr. NORMAN,
Mr. FALLON, Mr. FITZGERALD, Mr. LAMALFA, Mr. BABIN, Mr. ZINKE,
Mr. HUIZENGA, Mr. OWENS, Mr. ROUZER, Mr. WILSON of South Caro-
lina, Mrs. GREENE of Georgia, Mr. DESJARLAIS, Mr. FRY, and Mr.
BAIRD) introduced the following bill; which was referred to the Com-
mittee 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 consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To reduce the threshold for mandatory minimum penalties
for fentanyl-related offenses under the Controlled Sub-
stances Act and the Controlled Substances Import and
Export Act, and for other purposes.
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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•HR 335 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Standardizing Thresh-
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olds Of Penalties for Fentanyl Act’’ or the ‘‘STOP
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Fentanyl Act’’.
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SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES
5
ACT.
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Section 401(b)(1) of the Controlled Substances Act
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(21 U.S.C. 841(b)(1)) is amended—
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(1) in subparagraph (A)(vi)—
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(A) by striking ‘‘400’’ and inserting ‘‘5’’;
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(B) by striking ‘‘100’’ and inserting
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‘‘0.05’’; and
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(C) by inserting ‘‘scheduled or unsched-
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uled’’ before ‘‘analogue of’’; and
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(2) in subparagraph (B)(vi)—
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(A) by striking ‘‘40’’ and inserting ‘‘0.5’’;
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(B) by striking ‘‘10’’ and inserting
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‘‘0.005’’; and
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(C) by inserting ‘‘scheduled or unsched-
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uled’’ before ‘‘analogue of’’.
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SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES
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IMPORT AND EXPORT ACT.
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Section 1010(b) of the Controlled Substances Import
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and Export Act (21 U.S.C. 960(b)) is amended—
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(1) in paragraph (1)(F)—
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(A) by striking ‘‘400’’ and inserting ‘‘5’’;
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•HR 335 IH
(B) by striking ‘‘100’’ and inserting
1
‘‘0.05’’; and
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(C) by inserting ‘‘scheduled or unsched-
3
uled’’ before ‘‘analogue of’’;
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(2) in paragraph (2)(F)—
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(A) by striking ‘‘40’’ and inserting ‘‘0.5’’;
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(B) by striking ‘‘10’’ and inserting
7
‘‘0.005’’; and
8
(C) by inserting ‘‘scheduled or unsched-
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uled’’ before ‘‘analogue of’’; and
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(3) by adding at the end the following:
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‘‘(8) In the case of a violation under subsection
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(a) of this section involving a mixture or substance
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containing a detectable amount of N-phenyl-N-[1-(2-
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phenylethyl)-4-piperidinyl] propanamide or a mixture
15
or substance containing a detectable amount of any
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analogue
of
N-phenyl-N-[1-(2-phenylethyl)-4-
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piperidinyl] propanamide, in which the substance
18
was imported along the United States international
19
border with Mexico, the person committing such a
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violation shall be sentenced to a term of imprison-
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ment of not less than 20 years and not more than
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life imprisonment and if death or serious bodily in-
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jury results from the use of such substance shall be
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sentenced to life imprisonment.’’.
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•HR 335 IH
SEC. 4. EFFECTIVE DATE.
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The amendments made by this Act shall apply to an
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offense occurring on or after the date of enactment of this
3
Act.
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Æ
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