H.R. 2851, Stop the Importation and Trafficking of Synthetic Analogues Act of 2018
Floor Situation
On Wednesday, June 13, 2018, the House will begin consideration of H.R. 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2018 (SITSA), under a structured rule. This bill was introduced on June 8, 2017, by Rep. John Katko (R-NY), and was referred to the House Committee on Energy and Commerce, and in addition to the House Committee on the Judiciary. The House Committee on the Judiciary ordered the bill reported, as amended, by voice vote on July 17, 2017.
Summary
H.R. 2851 amends the Controlled Substances Act by creating a new category, Schedule A, for controlled substances that have a chemical structure that are substantially similar to the chemical structure of a controlled substance in Schedules I, II, III, IV, or V, and have an actual or predicted stimulant, depressant, or hallucinogenic effect.
The legislation allows the Attorney General to issue a temporary order adding a drug or substance to Schedule A if the Attorney General finds that adding such a substance will assist in preventing abuse or misuse of the drug or other substance. A temporary scheduling order may last up to 5 years and would be vacated upon the issuance of a permanent order. The Attorney General and the Secretary of Health and Human Services must agree to issue a permanent order.
The legislation would make it unlawful to import, export, manufacture, distribute, dispense, or possess with intent to distribute a Schedule A substance or product except for legitimate research and other purposes.
Individuals who wish to handle those substances, such as researchers or persons conducting chemical analyses, would have to register with the Drug Enforcement Administration (DEA) and pay a fee, as they do now for all other controlled substances.
Background
Synthetic drugs, as opposed to natural drugs, are chemically produced in a laboratory. When produced clandestinely, they are not typically controlled pharmaceutical substances intended for legitimate medical use, and contain slightly modified molecular structures of illegal or controlled substances in order to circumvent existing drug laws. Examples include synthetic cannabinoids (Spice, K2), cathinones (Bath Salts), psychedelic phenethylamines (N-Bomb), and fentanyl. Government and media reports indicate that fentanyl, a synthetic opioid 50-100 times stronger than morphine, is rising in popularity as well as various synthetic cannabinoids.
The Controlled Substances Act (CSA) was enacted as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. It regulates the manufacture, possession, use, importation, and distribution of certain drugs, substances, and precursor chemicals. Under the CSA, there are five schedules under which substances may be classified, with Schedule I being the most restrictive.
The Synthetic Drug Abuse Prevention Act of 2012—Subtitle D of Title XI of the Food and Drug Administration Safety and Innovation Act (P.L. 112-144)—added five structural classes of substances in synthetic cannabinoids (and their analogues) as well as 11 synthetic stimulants and hallucinogens to Schedule I of the CSA. In addition, the act extended the DEA's authority to temporarily schedule substances. Before DEA’s recently issued order to schedule all fentanyl-related compounds under Schedule I, when the agency would temporarily control one given fentanyl substance, illicit manufacturers abroad would produce new analogues through minor structural modifications to be smuggled and distributed as a purportedly “noncontrolled substances.”
Amendments
A list of amendments may be found here.
Cost
The Congressional Budget Office (CBO) estimates that any budgetary effects of enacting the bill would be negligible. Further, enacting H.R. 2851 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.
Staff Contact
For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.