118 HR 1597 IH: William and James Wonacott Act of 2023 U.S. House of Representatives 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 1597 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.

1.

Short title

This Act may be cited as the William and James Wonacott Act of 2023.

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:

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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