H.R. 1064

119th CONGRESS 1st Session

To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances.

IN THE HOUSE OF REPRESENTATIVES · February 6, 2025 · Sponsor: Mr. Fitzgerald

Table of contents

• H.R. 1064
  • SEC. 1. Short title
  • SEC. 2. Archie Badura Memorial Fentanyl Related Substance Scheduling
  • SEC. 3. Penalties
  • SEC. 4. Effective date

SEC. 1. Short title

• This Act may be cited as the Stopping Overdoses of Fentanyl Analogues Act.

SEC. 2. Archie Badura Memorial Fentanyl Related Substance Scheduling

• Section 202(c) of the Controlled Substances Act () is amended by adding at the end of schedule I the following: 21 U.S.C. 812(c)
  • (e)
    • Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
    • In paragraph (1), the term includes any substance that is structurally related to fentanyl by one or more of the following modifications: fentanyl-related substances
      • By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.
      • By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups.
      • By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxy, ester, ether, hydroxy, halo, haloalkyl, amino or nitro groups.
      • By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.
      • By replacement of the N-propionyl group by another acyl group.

SEC. 3. Penalties

• A fentanyl-related substance shall be treated as an analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide under section 401(b)(1) of the Controlled Substances Act () and section 1010(b) of the Controlled Substances Import and Export Act () without requiring proof that a fentanyl-related substance meets the definition of a controlled substance analogue under section 102 of the Controlled Substances Act (). 21 U.S.C. 841(b)(1); 21 U.S.C. 960(b); 21 U.S.C. 802

SEC. 4. Effective date

• This Act shall take effect one day after the date of enactment of this Act.