Penalty provisions with respect to fentanyl-related substances—domestic offenses

Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended— (1) in subparagraph (A), by striking clause (vi) and inserting the following: (vi) (I) 400 grams or more of a mixture or substance containing a detectable amount of fentanyl; or (II) 100 grams or more of a mixture or substance containing a detectable amount of any analogue of fentanyl that is controlled in schedule I or II or that is treated as a schedule I controlled substance pursuant to section 203(a), except for a fentanyl-related substance as defined in schedule I(e) of section 202(c);; (2) in subparagraph (B), by striking clause (vi) and inserting the following: (vi) (I) 40 grams or more of a mixture or substance containing a detectable amount of fentanyl; or (II) 10 grams or more of a mixture or substance containing a detectable amount of any analogue of fentanyl that is controlled in schedule I or II or that is treated as a schedule I controlled substance pursuant to section 203(a), except for a fentanyl-related substance as defined in schedule I(e) of section 202(c);; and (3) in subparagraph (C), by inserting, including a fentanyl-related substance as defined in schedule I(e) of section 202(c), after a controlled substance in schedule I or II,.