Applicability; other matters

(a) In general Irrespective of the date on which the rules required by section 5 are finalized, the amendments made by this Act apply beginning as of the date of enactment of this Act. (b) Rule of construction Nothing in the amendments made by this Act may be construed as evidence that, in applying sections 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) and 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) with respect to conduct occurring before the date of the enactment of this Act, a fentanyl-related substance (as defined by such amendments) is not an analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide. (c) Sense of Congress Congress agrees with the interpretation of the Controlled Substances Act (21 U.S.C. 801 et seq.) in United States v. McCray, 346 F. Supp. 3d 363 (W.D.N.Y. 2018).