Class scheduling of fentanyl-related substances

Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end of schedule I the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (2) In this subsection, except as provided in paragraph (3), the term fentanyl-related substance means any substance that is structurally related to fentanyl by one or more of the following modifications: (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. (D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (E) By replacement of the N-propionyl group with another acyl group. (3) A substance that meets the criteria specified in paragraph (2) to be considered a fentanyl-related substance shall not be so considered as meeting such criteria if such substance— (A) is controlled by action of the Attorney General pursuant to section 201; (B) is expressly listed in this schedule or another schedule by a statutory provision other than this subsection; or (C) is removed from this schedule, or rescheduled to another schedule, pursuant to section 201(k). (4) The Attorney General shall publish in the Federal Register a list of individual substances that meet the definition of fentanyl-related substances in paragraph (2) within 60 days of determining such substances meet such definition. The absence of a substance on any such list does not negate the control status of such substance if the substance meets the criteria specified in paragraph (2) to be considered a fentanyl-related substance. (5) Notwithstanding any other provision of this title or title III, fentanyl-related substances shall not be subject to quantity-based mandatory minimum penalties pursuant to subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of this title or paragraph (1)(F) or (2)(F) of section 1010(b) of title III..