[Congressional Record Volume 163, Number 98 (Thursday, June 8, 2017)]
[Senate]
[Pages S3364-S3365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself and Mrs. Feinstein):
  S. 1327. A bill to amend the Controlled Substances Act to clarify how 
controlled substance analogues are to be regulated, and for other 
purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to be an original 
cosponsor of the Stop the Importation and Trafficking of Synthetic 
Analogues Act with my colleague Senator Chuck Grassley. This 
legislation addresses the significant challenges associated with 
prosecuting those who manufacture and traffic deadly synthetic drugs, 
including synthetic opioids, like clandestinely produced fentanyl, and 
synthetic cannabinoids and cathinones.
  Synthetic drugs pose an increasing threat to our Nation. They hit our 
communities in cycles and cause devastation. For example, in Corpus 
Christi, TX, there were 31 EMS calls in 1 day related to synthetic 
drugs. In Syracuse, NY, 18 individuals were taken to the emergency room 
in a 24-hour period after taking synthetic marijuana, and in 
Cincinnati, OH, a shocking 174 overdoses occurred over 6 days. These 
overdoses were largely attributed to heroin laced with carfentanil, a 
synthetic opioid that is 100,000 times stronger than morphine.
  In 2012, Congress outlawed many synthetic drugs, but manufacturers 
did not stop producing them. Instead, they began producing controlled 
substance analogues which mimic the effects of controlled substances, 
such as opioids, marijuana, PCP, and LSD.
  The new drug, even though it has an effect on the body that is 
similar to a controlled substance, may no longer be illegal under 
Federal law because it is not listed in one of the five schedules of 
the Controlled Substances Act. Consequently, these drugs are shipped to 
our country and marketed as legal alternatives to illegal drugs.
  This makes enforcement efforts difficult.
  Synthetic opioids, like fentanyl, are deadly. Since 2015, 130 deaths 
have been linked to the drug in the Bay area of California. Nationally, 
the Centers for Disease Control and Prevention reports that more than 
15,000 deaths in 2015 involved synthetic opioids other than methadone, 
which includes fentanyl. That is equivalent to 42 deaths per day.
  Like other synthetic drugs, illicit fentanyl and its analogues are 
clandestinely produced, and primarily enter the United States in one of 
three ways:
  (1) Chinese chemists produce and ship it to the United States via 
international mail;
  (2) Mexican drug traffickers produce it with precursor chemicals from 
China and smuggle it across the Southwest Border; or
  (3) Chinese chemists produce and ship it to Canada, where it is 
smuggled across the northern border.
  The point is, regardless of the type, synthetic drugs pose a deadly 
and quickly evolving public health threat.
  It is clear that the current system for scheduling controlled 
substances and prosecuting controlled substance analogues is not able 
to keep up with the speed with which new synthetic drugs are produced 
or to prevent the deaths they cause.
  That is why the Stop the Importation and Trafficking of Synthetic 
Drugs Act to provide the Department of Justice with new tools, using a 
multifaceted approach.
  First, the bill immediately controls 13 fentanyl analogues that law 
enforcement has come into contact with. These substances have already 
caused 162 overdose deaths in the United States.
  Second, while the existing Federal Analogue Enforcement Act allows 
prosecutors to charge those who manufacture, distribute, or dispense 
controlled substance analogues, the law contains definition of a 
controlled substance analogue that is vague and often misinterpreted. 
As a result, court cases using this law result in a drawn out and 
expensive battle of the experts.
  Moreover, because because controlled substance analogues are not 
listed as federally controlled substances, even if a prosecutor in one 
case successfully proves that a substance is a controlled substance 
analogue, this ruling is not applied across the board. A different 
person charged with manufacturing the exact same substance in another 
case is not automatically guilty of a crime. Instead, the prosecutor in 
the new case has to reprove that the substance in question is an 
analogue all over again.
  Therefore, to ensure that prosecutors do not have to reprove that a 
substance is an analogue each and every time it appears, the bill 
establishes a new schedule A.
  The legislation authorizes the Attorney General to add new synthetic 
drugs, including fentanyl and other analogues, to this new schedule, 
and make them illegal through an expedited, temporary scheduling 
process.
  It also authorizes the Attorney General to permanently schedule these 
substances, either in schedule A or in another schedule, like schedule 
I. This provides the Attorney General with the maximum flexibility 
needed to better combat these dangerous drugs.
  Those found guilty of manufacturing, distributing, or dispensing 
schedule A substances would be subject to existing schedule III 
penalties, or a maximum of 10 years imprisonment for a first offense.
  The Department of Justice has told my staff that this approach will 
allow them to act quickly when new and dangerous substances threaten 
our communities.
  Recognizing that the vast majority of synthetic drugs originate from 
outside of the United States, the legislation imposes criminal 
penalties for the illegal import and export of substances designated as 
schedule A. It also authorizes penalties for those who manufacture or 
distribute these substances while intending, knowing, or having 
reasonable cause to believe they will ultimately be imported into the 
United States.
  Third, the bill maintains the ability of prosecutors to charge 
defendants using the Federal Analogue Enforcement Act, but clarifies 
the definition of a controlled substance analogue within the Act.
  Specifically, the language clarifies that the chemical structure of 
the substance must be similar to that of schedule I or II controlled 
substance to be considered a controlled substance analogue. On top of 
this, the substance must also have a stimulant, depressant or 
hallucinogenic effect on the body that is similar to a schedule I or II 
controlled substance or the person manufacturing, distributing or 
dispensing

[[Page S3365]]

the drug must represent or intend for the drug to have an effect that 
is similar to a schedule I or II controlled substance.
  If prosecutors successfully prove a substance is a controlled 
substance analogue under the new definition, those who traffic the drug 
could face higher penalties than those assigned to schedule A, because 
the penalty would be associated with the drug it mimics.
  Finally, those trafficking these substances do not market them as 
synthetic drugs. Instead, they mislabel the products, which are often 
sold at gas stations and convenience stores. To prevent this from 
happening, the bill requires all schedule A substances to be properly 
labeled and establishes civil penalties for failure to do so.
  This provision will allow civil enforcement action to be taken to 
remove mislabeled products from the shelves of gas stations and 
convenience stores.
  I want to close by sharing the story of one of my constituents, a 
young man named Connor Eckhardt. Unfortunately, a synthetic drug known 
as Spice claimed his life. Connor took one hit of the drug, which, 
according to the Drug Enforcement Administration, is a mixture of herbs 
and spices that is typically sprayed with a synthetic compound 
chemically similar to THC, the psychoactive ingredient in marijuana. 
His brain swelled, causing him to go into a coma, and he never woke up.
  Sadly, Connor's story has become all too common. And this is 
unacceptable. That is why I am pleased to be an original cosponsor of 
the Stop the Importation and Trafficking of Synthetic Analogues Act. 
Law enforcement must have the ability to swiftly bring those who 
manufacture, distribute, and dispense these deadly drugs to justice.
  I look forward to working with and obtaining feedback from my 
colleagues and other stakeholders on this bill, which provides new and 
necessary authorities to combat synthetic drugs.
                                 ______