This part adds a whole group of drugs to the strictest list in drug law. The group is drugs built like fentanyl. The part says which small changes to the build still count. It names two cases that fall outside the group. It lets the Attorney General print a list of drugs in the group.
The document says “is amended”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says
“``(e)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.”
Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding this entry at the end of schedule I. The entry covers any material, compound, mixture or preparation containing any quantity of a fentanyl-related substance, and the salts, isomers and salts of isomers of such a substance where those are chemically possible. It applies unless the material is specifically exempted or is listed in another schedule.
What the document actually says
“``(e)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.”
That sentence, in plain words
Any mix that holds a drug of this group is on the list. It does not matter how much of it is in there. Close chemical cousins of the drug count too.
What this is about
Schedule I is the strictest list in drug law. This entry adds a whole group of drugs at once. It does not name them one by one.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “means”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says
“``(2) For purposes of paragraph (1), except as provided in paragraph (3), the term `fentanyl-related substance' means any substance that is structurally related to fentanyl by 1 or more of the following modifications:”
The definition that carries the rest of the entry. A fentanyl-related substance is any substance structurally related to fentanyl by one or more of the five modifications the paragraph then lists, subject to the exceptions in paragraph (3). Section 6 of this Act gives the same meaning to the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
What the document actually says
“``(2) For purposes of paragraph (1), except as provided in paragraph (3), the term `fentanyl-related substance' means any substance that is structurally related to fentanyl by 1 or more of the following modifications:”
That sentence, in plain words
Here is what the group means. A drug is in it if it is built like fentanyl. It must differ by one or more of the changes listed next.
What this is about
A drug can be built with small changes to it. The new build may have no name of its own. This rule catches it by naming the changes.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “means”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says
“``(A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. ``(B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.”
The first three of the five modifications listed in paragraph (2). The remaining two, not quoted here, are replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on that ring, and replacement of the N-propionyl group with another acyl group. One modification is enough to bring a substance within the definition.
What the document actually says
“``(A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. ``(B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.”
That sentence, in plain words
Here are three of the changes. One swaps a ring in the drug for a different ring. The other two add named atom groups to a ring or to a chain.
What this is about
There are five changes in all. Just one of them is enough. A drug does not have to show all five.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall not”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says
“``(3) A substance that satisfies the definition of the term `fentanyl-related substance' in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance-- ``(A) is controlled by action of the Attorney General under section 201; or ``(B) is otherwise expressly listed in a schedule other than this schedule.”
A substance that meets the definition is still not treated as a fentanyl-related substance under this schedule entry if the Attorney General has controlled it by action under section 201 of the Controlled Substances Act, or if it is expressly listed in some other schedule. What section 201 provides is in the amended statute, which is not indexed here.
What the document actually says
“``(3) A substance that satisfies the definition of the term `fentanyl-related substance' in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance-- ``(A) is controlled by action of the Attorney General under section 201; or ``(B) is otherwise expressly listed in a schedule other than this schedule.”
That sentence, in plain words
A drug can fit the group and still be left out of it. That happens if it is already on another list. It also happens if the Attorney General has acted on it.
What this is about
Drug law has more than one list. This rule is about drugs that are already placed. The new group does not reach them.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “can”Who acts: Attorney GeneralHow: statuteSec. 2 in the PDF
What the document says
“``(4)(A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term `fentanyl-related substance' in paragraph (2). ``(B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term `fentanyl-related substance' in paragraph (2).''.”
The Attorney General may, by order published in the Federal Register, publish a list of substances that satisfy the definition. Publication is optional, and the paragraph states that a substance left off such a list is still controlled under this schedule entry if it satisfies the definition.
What the document actually says
“``(4)(A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term `fentanyl-related substance' in paragraph (2). ``(B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term `fentanyl-related substance' in paragraph (2).''.”
That sentence, in plain words
The Attorney General can print a list of these drugs. Leaving a drug off the list does not free it. If it fits the group, it is still on schedule I.
What this is about
The list is not the test. The test is the wording of the group. A drug can be off the list and still be covered.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each thing the new schedule I entry does: the listing of any material that contains a fentanyl-related substance, the definition of that term, the five structural changes that bring a substance within it, the two cases in which a substance is not treated as one, and the list the Attorney General may publish.
Nothing in the section is left out. The section adds one entry to a schedule, and every paragraph of that entry is recorded here.
The section works by amending section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), which is not indexed here, so nothing recorded says what schedule I held before this Act or reads as now. Section 201 of that Act, cited in the exception, is not indexed either.
