Modernizing Drug Enforcement Act of 2019

Modernizing Drug Enforcement Act of 2019

This bill deems a drug or substance that acts as an opioid mu receptor agonist (e.g., morphine) to be in schedule I of the Controlled Substances Act, subject to certain exceptions. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2580 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2580

     To amend the Controlled Substances Act to deem drugs or other 
substances that act as mu opioid receptor agonists to be in schedule I, 
subject to exceptions for substances intended for legitimate medical or 
                 research use, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2019

 Mr. David P. Roe of Tennessee (for himself and Mr. Suozzi) introduced 
 the following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend the Controlled Substances Act to deem drugs or other 
substances that act as mu opioid receptor agonists to be in schedule I, 
subject to exceptions for substances intended for legitimate medical or 
                 research use, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modernizing Drug Enforcement Act of 
2019''.

SEC. 2. DRUGS OR OTHER SUBSTANCES THAT ACT AS MU OPIOID RECEPTOR 
              AGONISTS.

    (a) Definitions.--Paragraph (18) of section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended to read as follows:
    ``(18)(A) The term `opiate'or `opioid'--
            ``(i) means any drug or other substance having an 
        addiction-forming or addiction-sustaining liability similar to 
        morphine or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability; and
            ``(ii) includes any drug or other substance that acts as a 
        mu opioid receptor agonist.
    ``(B) The term `mu opioid receptor' is a molecule that when bound 
to, and activated by, a mu opioid receptor agonist would result in 
analgesia, euphoria, addiction, or respiratory depression in the 
central nervous system.
    ``(C) The term `mu opioid receptor agonist' is a substance that 
when bound to, and interacting with, the mu opioid receptor, activates 
the receptor to result in analgesia, euphoria, addiction, or 
respiratory depression.''.
    (b) Scheduling.--Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the following:
    ``(k) Mu Opioid Receptor Agonists.--
            ``(1) In general.--Effective as of the date of enactment of 
        the Modernizing Drug Enforcement Act of 2019, schedule I under 
        section 202 is deemed to include, unless specifically exempted 
        or unless listed in another schedule, any chemical substances, 
        including their salts, isomers, and salts of isomers whenever 
        the existence of such salts, isomers, and salts of isomers is 
        possible, that act as mu opioid receptor agonists, and any 
        material, compound, mixture, or preparation that contains any 
        quantity of such substances.
            ``(2) Exceptions.--A chemical substance is exempt from 
        inclusion in schedule I by operation of paragraph (1)--
                    ``(A) if the substance is the subject of an 
                approved application submitted under subsection (b) or 
                (j) of section 505 of the Federal Food, Drug, and 
                Cosmetic Act;
                    ``(B) to the extent the substance is exempt from 
                the provisions of section 505 of such Act relating to 
                new drugs because--
                            ``(i) the substance is intended solely for 
                        investigational use as described in section 
                        505(i) of such Act; and
                            ``(ii) the substance is being used 
                        exclusively for purposes of a clinical trial 
                        that is the subject of an effective 
                        investigational new drug application; or
                    ``(C) to the extent the substance is the subject of 
                a nonclinical study by researchers qualified by 
                scientific training to investigate the safety and 
                effectiveness of drugs.
            ``(3) Listing.--Not later than 180 days after the date of 
        enactment of the Modernizing Drug Enforcement Act of 2019, the 
        Attorney General shall update schedule I in accordance with 
        paragraph (1). The Attorney General may list substances in 
        schedule I pursuant to paragraph (1) without regard to the 
        process and considerations that are otherwise applicable under 
        this section for adding, removing, or transferring controlled 
        substances to, from, or among the schedules under section 
        202.''.
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