I
118THCONGRESS
1
STSESSION H. R. 1291
To amend the Controlled Substances Act to list fentanyl-related substances
as schedule I controlled substances.
IN THE HOUSE OF REPRESENTATIVES
MARCH1, 2023
Mr. F
ITZGERALD(for himself, Mrs. CHAVEZ-DEREMER, Mr. TIFFANY, Ms.
M
ALLIOTAKIS, 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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Stopping Overdoses 4
of Fentanyl Analogues Act’’. 5
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•HR 1291 IH
SEC. 2. ARCHIE BADURA MEMORIAL FENTANYL RELATED 1
SUBSTANCE SCHEDULING. 2
Section 202(c) of the Controlled Substances Act (21 3
U.S.C. 812(c)) is amended by inserting after subsection 4
(d) 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 fentanyl-re-8
lated substances, or which contains their salts, isomers, 9
and salts of isomers whenever the existence of such salts, 10
isomers, and salts of isomers is possible within the specific 11
chemical designation. 12
‘‘(2) In paragraph (1), the term ‘fentanyl-related sub-13
stances’ includes any substance that is structurally related 14
to fentanyl by one or more of the following modifications: 15
‘‘(A) By replacement of the phenyl portion of 16
the phenethyl group by any monocycle, whether or 17
not further substituted in or on the monocycle. 18
‘‘(B) By substitution in or on the phenethyl 19
group with alkyl, alkenyl, alkoxy, hydroxy, halo, 20
haloalkyl, amino or nitro groups. 21
‘‘(C) By substitution in or on the piperidine 22
ring with alkyl, alkenyl, alkoxy, ester, ether, hy-23
droxy, halo, haloalkyl, amino or nitro groups. 24
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•HR 1291 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
by another acyl group.’’. 5
SEC. 3. PENALTIES. 6
A fentanyl-related substance shall be treated as an 7
analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 8
propanamide under section 401(b)(1) of the Controlled 9
Substances Act (21 U.S.C. 841(b)(1)) and section 10
1010(b) of the Controlled Substances Import and Export 11
Act (21 U.S.C. 960(b)) without requiring proof that a 12
fentanyl-related substance meets the definition of a con-13
trolled substance analogue under section 102 of the Con-14
trolled Substances Act (21 U.S.C. 802). 15
SEC. 4. EFFECTIVE DATE. 16
This Act shall take effect one day after the date of 17
enactment of this Act. 18
Æ
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