US Codex
Bill
Notes

Standardizing Thresholds Of Penalties for Fentanyl Act

H.R. 335 · 118th Congress · Jan 12, 2023 · Lineage

A BILL

To reduce the threshold for mandatory minimum penalties for fentanyl-related offenses under the Controlled Substances Act and the Controlled Substances Import and Export Act, and for other purposes.

Section 1 Short title

This Act may be cited as the “Standardizing Thresholds Of Penalties for Fentanyl Act” or the “STOP Fentanyl Act”.

Sec. 2 Amendments to the Controlled Substances Act

Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended—
(1)
in subparagraph (A)(vi)—
(A)
by striking “400” and inserting “5”;
(B)
by striking “100” and inserting “0.05”; and
(C)
by inserting “scheduled or unscheduled” before “analogue of”; and
(2)
in subparagraph (B)(vi)—
(A)
by striking “40” and inserting “0.5”;
(B)
by striking “10” and inserting “0.005”; and
(C)
by inserting “scheduled or unscheduled” before “analogue of”.

Sec. 3 Amendments to the Controlled Substances Import and Export Act

Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—
(1)
in paragraph (1)(F)—
(A)
by striking “400” and inserting “5”;
(B)
by striking “100” and inserting “0.05”; and
(C)
by inserting “scheduled or unscheduled” before “analogue of”;
(2)
in paragraph (2)(F)—
(A)
by striking “40” and inserting “0.5”;
(B)
by striking “10” and inserting “0.005”; and
(C)
by inserting “scheduled or unscheduled” before “analogue of”; and
(3)
by adding at the end the following:

“(8) In the case of a violation under subsection (a) of this section involving a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, in which the substance was imported along the United States international border with Mexico, the person committing such a violation shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment.”

Sec. 4 Effective date

The amendments made by this Act shall apply to an offense occurring on or after the date of enactment of this Act.