Justice Department Proposed Rule

2021-05589: Schedules of Controlled Substances: Placement of Four Specific Fentanyl-Related Substances in Schedule I

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Summary

The Drug Enforcement Administration proposes placing ethyl (1- phenethylpiperidin-4-yl)(phenyl)carbamate (fentanyl carbamate), N-(2- fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide (ortho- fluoroacryl fentanyl), N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4- yl)isobutyramide (ortho-fluoroisobutyryl fentanyl), and N-(4- fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide (para- fluoro furanyl fentanyl), including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, in schedule I of the Controlled Substances Act. These four specific substances fall within the definition of fentanyl-related substances set forth in the February 6, 2018, temporary scheduling order. Through the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act, which became law on February 6, 2020, Congress extended the temporary control of fentanyl-related substances until May 6, 2021. If finalized, this action would make permanent the existing regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle fentanyl carbamate, ortho-fluoroacryl fentanyl, ortho-fluoro isobutyryl fentanyl, and para-fluoro furanyl fentanyl.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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