February 6, 2025
Mr. Fitzgerald 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 subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances.
Section 1. Short title
This Act may be cited as the Stopping Overdoses of Fentanyl Analogues Act
.
Sec. 2. Archie Badura Memorial Fentanyl Related Substance Scheduling
Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end of schedule I the following:
(e)
(1)
Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(2)
In paragraph (1), the term fentanyl-related substances includes any substance that is structurally related to fentanyl by one or more of the following modifications:
(A)
By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.
(B)
By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups.
(C)
By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxy, ester, ether, hydroxy, halo, haloalkyl, amino or nitro groups.
(D)
By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.
(E)
By replacement of the N-propionyl group by another acyl group.
Sec. 3. Penalties
A fentanyl-related substance shall be treated as an analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide under section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) and section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) without requiring proof that a fentanyl-related substance meets the definition of a controlled substance analogue under section 102 of the Controlled Substances Act (21 U.S.C. 802).
Sec. 4. Effective date
This Act shall take effect one day after the date of enactment of this Act.