H.R. 449, Synthetic Drug Awareness Act of 2018
Floor Situation
On Tuesday, June 12, 2018, the House will consider H.R.449, the Synthetic Drug Awareness Act of 2018, under suspension of the rules. This bill was introduced on January 11, 2017 by Rep. Hakeem Jeffries (D-NY) and was referred to the House Committee on Energy and Commerce, which ordered the bill reported, as amended, by voice vote on May 9, 2018.
Summary
H.R. 449 requires the U.S. Surgeon General to report to Congress on the public health effects of the rise in synthetic drug use among youth aged 12 to 18 years old in order to further educate parents and the medical community on the health effects of synthetics.
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—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 analogs through minor structural modifications to be smuggled and distributed as a purportedly “noncontrolled substances.”
Cost
The Congressional Budget Office (CBO) estimates that enactment of the bill would cost $1 million over the 2019-2023 period, subject to the availability of appropriated funds (page 16).
Staff Contact
For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.