Bills Sec. 109 — Fentanyl

Section 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) ) is amended by adding at the end the following: In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, then a court shall— not impose a term of probation; and in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years.

A term of imprisonment imposed on a person under subparagraph (A)(ii) may not run concurrently with any term of imprisonment imposed on the person under any other provision of law. In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall— not impose a term of probation; and in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years.

A term of imprisonment imposed on a person under subparagraph (A)(ii) may not run concurrently with any term of imprisonment imposed on the person under any other provision of law. . Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended by adding at the end the following: In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, then a court shall— not impose a term of probation; and in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years.

A term of imprisonment imposed on a person under subparagraph (A)(ii) may not run concurrently with any term of imprisonment imposed on the person under any other provision of law. In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall— not impose a term of probation; and in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years.

A term of imprisonment imposed on a person under subparagraph (A)(ii) may not run concurrently with any term of imprisonment imposed on the person under any other provision of law. .

Sec. 109. Fentanyl