Vote Smart's Synopsis:

Vote to pass a bill that permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act.

Highlights:

• Amends previous law to permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act (Sec. 2).

• Defines “Schedule I controlled substance” as (Sec. 2):

• A drug, substance, or chemical that has a high potential for abuse;

• Having no currently accepted medical value; and

• Is subject to regulatory controls and adminstrative, civil and criminal penalties under the Controlled Substances Act.

• Specifies that the temporary scheduling order issued by the Drug Enforcement Adminstration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on December 31, 2024 (Sec. 2).

• Establishes that under this bill offenses involving fentanyl-related substances will be triggered by the same quantity threshold and subject to the same penalties as offenses involving fentanyl analogues (Sec. 2).

• Defines “fentanyl analogues” as offenses involving 100 grams or more with a mandatory 10-year minimum federal prison term (Sec. 3).

• Establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veteran Affairs, or conducted under an investigative new drug exemption from the Food and Drug Adminstration (Sec. 3).

• Amends serveral other changes to registration requirements for conductive research with controlled substances, including (Sec. 3):

• Permitting a single registration for related research sites for certain circumstances;

• Waiving the requirement for a new inspection in certain situations; and

• Allowing a registered researcher to perform certain manufacturing activities with smal quantities for a substance without obtaining a manufacturing registration.

• Specifies that congress agrees with the interpretation of Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. Western District Court of New York, in which the court held that butyryl fentanyl, a controlled subtance, can be considreed an analogue of fentanyl even though the term is specifically excluded under the current Controlled Substances Act (Sec. 6).

Full Bill Text

Full Bill Text