Stopping Overdoses of Fentanyl Analogues Act
This bill, titled the Stopping Overdoses of Fentanyl Analogues Act, would amend the Controlled Substances Act to add fentanyl-related substances to Schedule I. It defines fentanyl-related substances by specific structural modifications relative to fentanyl and includes salts, isomers, and salts of isomers. Once enacted, any material containing fentanyl-related substances would be scheduled I unless exempted or listed in another schedule. The bill also provides that a fentanyl-related substance shall be treated as an analogue of a specific fentanyl compound for purposes of penalties under the Controlled Substances Act and the Controlled Substances Import and Export Act, without requiring proof that it meets the usual definition of a controlled-substance analogue. The act would take effect one day after enactment. In short, the bill hardens the legal status of fentanyl-related substances by immediately placing them on Schedule I and expanding penalties, with a broad structural test for inclusion and penalties that do not rely on proving analogue status under existing definitions.
Key Points
- 1The bill adds fentanyl-related substances to Schedule I of the Controlled Substances Act, covering any amount of such substances (including their salts, isomers, and salts of isomers) unless exempted or listed elsewhere.
- 2Fentanyl-related substances are defined by specific structural modifications to fentanyl (five enumerated modification pathways related to rings, substitutions, and acyl groups).
- 3A fentanyl-related substance would be treated as an analogue of the reference fentanyl compound for penalties under CSA and the Controlled Substances Import and Export Act, without needing to prove analogue status under the usual analogue definition.
- 4Penalties would apply as if the substance were that fentanyl analogue, under the existing criminal-penalty framework.
- 5Effective date: the act becomes law one day after enactment.