118th CONGRESS 1st Session |
To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes.
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 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 with respect to the scheduling of fentanyl-related substances, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Continuous and Enduring Action to Stop Every Overdose Act of 2023” or the “CEASE Overdose Act of 2023”.
SEC. 2. Class scheduling of fentanyl-related substances.
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 a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
“(2) For purposes of paragraph (1), except as provided in paragraph (3), the term ‘fentanyl-related substance’ means any substance that is structurally related to fentanyl by 1 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, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.
“(C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 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 with another acyl group.
“(3) A substance that satisfies the definition of the term ‘fentanyl-related substance’ in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance—
“(A) is controlled by action of the Attorney General under section 201; or
“(B) is otherwise expressly listed in a schedule other than this schedule.”.