[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1597 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1597
To amend the Controlled Substances Act with respect to a penalty for
illicit fentanyl and fentanyl-related substances.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2023
Mr. Newhouse (for himself and Mr. Moore of Alabama) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Energy and Commerce, 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
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A BILL
To amend the Controlled Substances Act with respect to a penalty for
illicit fentanyl and fentanyl-related substances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``William and James Wonacott Act of
2023''.
SEC. 2. ENHANCED PENALTY FOR ILLICIT FENTANYL AND FENTANYL-RELATED
SUBSTANCES.
Part D of title II of the Controlled Substances Act (21 U.S.C. 841)
is amended by adding after section 404 the following new section:
``SEC. 404A. PENALTY WITH RESPECT TO ILLICIT FENTANYL AND FENTANYL-
RELATED SUBSTANCES.
``(a) Offense.--It shall be unlawful for any person to sell, give,
or distribute any substance that contains two milligrams or more of--
``(1) illicit fentanyl; or
``(2) a fentanyl-related substance,
to another person without such person's knowledge that the substance
sold, given, or distributed contains illicit fentanyl or fentanyl-
related substance.
``(b) Penalty.--Notwithstanding any other provision of law, and
subject to subsection (c), any person who violates subsection (a) and
such violation--
``(1) does not result in death, shall be imprisoned not
less than 20 years and may be imprisoned for life; or
``(2) results in death, shall be imprisoned not less than
25 years and may be imprisoned for life.
``(c) Exception.--Notwithstanding any other provision of law, this
section shall not apply if--
``(1) the individual for which fentanyl or fentanyl-related
substance was sold, given, or distributed received such
fentanyl knowingly;
``(2) the individual for which fentanyl or fentanyl-related
substance was sold, given, or distributed received such
fentanyl for a medicinal purpose; or
``(3) the individual obtained such fentanyl or fentanyl-
related substance pursuant to a valid prescription from a
licensed medical practitioner or licensed pharmacist, while
they were acting in the course of their professional capacity
or as otherwise authorized by this title or title III.
``(d) Illicit Fentanyl Defined.--In this section, the term `illicit
fentanyl' means fentanyl and any analogue or precursor thereof that is
sold, given, distributed, manufactured, or possessed, in violation of
section 401, 406, or 416 of this Act.
``(e) Fentanyl-Related Substance Defined.--In this section, the
term `fentanyl-related substance' shall have the meaning given such
term in section 1308.11(h)(30)(i) of title 21, Code of Federal
Regulations and shall include any substance not otherwise listed under
another Administration Controlled Substance Code Number, and for which
no exemption or approval is in effect under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355), that is structurally
related to fentanyl and its analogues, isomers, esters, ethers, salts,
and salts of isomers, including--
``(1) replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle;
``(2) substitution in or on the phenethyl group with alkyl,
alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro
groups;
``(3) substitution in or on the piperidine ring with alkyl,
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl,
amino, or nitro groups;
``(4) replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle; or
``(5) replacement of the N-propionyl group by another acyl
group.''.
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