H.R. 1064 — Stopping Overdoses of Fentanyl Analogues Act

This section establishes the short title of the Act as the “Stopping Overdoses of Fentanyl Analogues Act.”

This section adds fentanyl-related substances to schedule I of the Controlled Substances Act under 21 U.S.C. § 812(c), unless specifically exempted or already listed in another schedule. As background, schedule I substances are controlled drugs and chemicals that have a high potential for abuse and no currently accepted medical use in treatment in the United States. The provision defines fentanyl-related substances to include any material, compound, mixture, or preparation containing any quantity of such substances, including their salts, isomers, and salts of isomers when possible, and covers substances structurally related to fentanyl through five specified chemical modifications: (1) replacement of the phenyl portion of the phenethyl group with any monocycle, (2) substitution on the phenethyl group with specified functional groups, (3) substitution on the piperidine ring with specified functional groups, (4) replacement of the aniline ring with any aromatic monocycle, and (5) replacement of the N-propionyl group with another acyl group.

This section revises the Controlled Substances Act and Controlled Substances Import and Export Act penalties for fentanyl-related substances by treating such substances as analogues of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide under 21 U.S.C. § 841(b)(1) and 21 U.S.C. § 960(b) without requiring proof that the substance meets the definition of a controlled substance analogue under 21 U.S.C. § 802. (Thus, prosecutors would not need to establish analogue status under section 102 of the Controlled Substances Act before applying the specified fentanyl-related substance penalties.)

This section provides that the Act takes effect 1 day after the date of enactment.