Vote Smart's Synopsis:

Vote to pass a bill that requires fentanyl, and fentanyl-related substances to be placed as a class into Schedule I of the Controlled Substances Act.

Highlights:

• Requires fentanyl, and fentanyl-related substances to be placed as a class into Schedule I of the Controlled Substances Act (Sec. 2-5).

• Defines “Schedule I controlled substances” as a drug, substance, or chemical that (Sec. ):

• Has a high potential for abuse;

• Has no currently accepted medical value; and

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

• Specifies that offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogs (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term) (Sec. 2-5).

• Establishes a new, alternative registration process for certain Schedule I research (Sec. ).

• Amends and makes several other changes to registration requirements for conducting research with controlled substances, including (Sec. 2-5):

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

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

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

• Specifies the sense that Congress agrees with the interpretation of the Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York, which held that butyryl fentanyl, a controlled substance, can be considered an analog of fentanyl even though, under the Controlled Substances Act, the term controlled substance analog specifically excludes a controlled substance (Sec. 2-5).

Full Bill Text

Full Bill Text