[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1597 Introduced in House (IH)]

<DOC>






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

_______________________________________________________________________

                                 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.''.
                                 <all>