S. 5383

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5383 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
  2d Session
                                S. 5383
To amend the Controlled Substances Act to schedule MGM-15 and MGM-16 as
     Schedule I Controlled substances, and to amend the controlled
    Substances Act to schedule synthetic 7-hydroxymitragynine, and
 Mitragynine Pseudoindoxyl, as a Schedule I above a specific threshold
under the Controlled Substances Act, and to expand enforcement actions
   against drug manufacturers and distributors of emerging synthetic
             opioids, commonly known as gas station heroin.
_______________________________________________________________________
                   IN THE SENATE OF THE UNITED STATES
               August 8 (legislative day, August 7), 2026
  Mr. Moreno introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary
_______________________________________________________________________
                                 A BILL
To amend the Controlled Substances Act to schedule MGM-15 and MGM-16 as
     Schedule I Controlled substances, and to amend the controlled
    Substances Act to schedule synthetic 7-hydroxymitragynine, and
 Mitragynine Pseudoindoxyl, as a Schedule I above a specific threshold
under the Controlled Substances Act, and to expand enforcement actions
   against drug manufacturers and distributors of emerging synthetic
             opioids, commonly known as gas station heroin.
    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 ``End Gas Station Heroin Act''.
SEC. 2. SCHEDULING OF 7-HYDROXYMITRAGYNINE AND MITRAGYNINE
              PSEUDOINDOXYL.
    Schedule I of section 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)) is amended, in subsection (b), by adding at the end the
following:
            ``(23)(A) 7-hydroxymitragynine (7-OH) and mitragynine
        pseudoindoxyl, including their salts, isomers, salts of
        isomers, esters, ethers, and synthetic analogs, whenever the
        existence of such forms is possible.
            ``(B) This paragraph shall not apply to 7-
        hydroxymitragynine or mitragynine pseudoindoxyl naturally
        occurring in Mitragyna speciosa Korth (kratom) or in a finished
        kratom product, provided that--
                    ``(i) in the case of a solid, powdered, or
                encapsulated product, the concentration of 7-
                hydroxymitragynine and mitragynine pseudoindoxyl,
                individually or in combination, does not exceed 1
                milligram per gram of product;
                    ``(ii) in the case of a liquid product, the
                concentration of 7-hydroxymitragynine and mitragynine
                pseudoindoxyl, individually or in combination, does not
                exceed 1 milligram per milliliter of product; and
                    ``(iii) the combined amount of 7-hydroxymitragynine
                and mitragynine pseudoindoxyl, including their salts,
                isomers, salts of isomers, esters, ethers, and
                synthetic analogs, does not exceed 1 part per 100 parts
                mitragynine by mass.
            ``(C) For purposes of this paragraph, any 7-
        hydroxymitragynine or mitragynine pseudoindoxyl that is
        synthesized, chemically converted, concentrated, enriched,
        isolated, or otherwise produced through manufacturing processes
        shall not qualify for the exemption described in subparagraph
        (B).''.
SEC. 3. ENFORCEMENT AGAINST EMERGING SYNTHETIC OPIOIDS IN COMMERCIAL
              DISTRIBUTION.
    (a) Treatment as a Schedule I Controlled Substance.--
Notwithstanding any other provision of law, a covered emerging
synthetic opioid shall, solely for purposes of prohibiting and
enforcing against its knowing or intentional manufacture, importation,
exportation, distribution, dispensing, or possession with intent to
manufacture, import, export, distribute, or dispense, be treated as a
controlled substance in Schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).
    (b) Civil and Criminal Enforcement.--No person shall be subject
under this section to criminal or civil enforcement based solely on the
purchase, receipt, simple possession, or personal use of a covered
emerging synthetic opioid.
    (c) Covered Emerging Synthetic Opioid.--For purposes of this
section, the term ``covered emerging synthetic opioid'' means a
substance that--
            (1) is being manufactured, offered, advertised, sold,
        distributed, or otherwise introduced into commercial
        distribution, or is intended by the person engaging in the
        prohibited conduct to be introduced into commercial
        distribution;
            (2) is an opioid receptor agonist, or partial agonist and,
        based on scientifically reliable evidence, demonstrates greater
        functional potency than morphine at the human mu-opioid
        receptor in a validated assay identified by regulation, or
        demonstrates greater analgesic or respiratory-depressant
        potency than morphine based on other scientifically reliable
        evidence;
            (3) is produced through chemical synthesis or
        semisynthesis;
            (4) is not the subject of an approved application under
        section 505 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355);
            (5) is intended for human consumption;
            (6) is not otherwise listed in any schedule under section
        202 of the Controlled Substances Act (21 U.S.C. 812); and
            (7) is not excluded under subsection (g).
    (d) Covered Conduct.--This section shall apply only to the knowing
or intentional manufacture, distribution, or possession with intent to
manufacture or distribute a covered emerging synthetic opioid.
    (e) No Simple Possession Enforcement.--No person may be
investigated, arrested, charged, prosecuted, or subjected to civil
penalties under this section solely for simple possession or personal
consumption of a covered emerging synthetic opioid. Nothing in this
subsection shall prohibit enforcement based on possession with intent
to manufacture, distribute, dispense, import, or export.
    (f) Relationship to the Controlled Substance Analogue Enforcement
Act.--If a substance qualifies both as--
            (1) a controlled substance analogue under section 102(32)
        of the Controlled Substances Act (21 U.S.C. 802(32)); and
            (2) a covered emerging synthetic opioid under this section,
the Attorney General may proceed under section 203 of the Controlled
Substances Act (21 U.S.C. 813), this section, or any other applicable
provision of Federal law. Nothing in this section shall expand or limit
the authority of a State attorney general or other State official under
State law.
    (g) Exclusions.--The term ``covered emerging synthetic opioid''
does not include--
            (1) a substance approved as a drug for medical treatment
        under the Controlled Substances Act (21 U.S.C. 801 et seq.);
            (2) a substance not intended for human consumption;
            (3) a naturally occurring constituent of a plant, fungus,
        or other botanical material, or a constituent derived through
        brewing or extraction process of a natural plant, fungus, or
        other botanical material, unless the constituent has been
        intentionally, isolated, enriched, concentrated, chemically
        converted, or added to a product for human consumption;
            (4) a substance possessed or transferred solely for
        legitimate scientific, medical, forensic, analytical, or law-
        enforcement purposes; or
            (5) a substance otherwise exempted by the Attorney General
        through regulation.
    (h) Limitation to Commercial Conduct.--Enforcement under this
section may be based only on the quantity or portion of a substance
that is--
            (1) introduced or intended to be introduced into commercial
        distribution; and
            (2) connected to conduct described in subsection (a).
The presence of the same substance outside commercial distribution,
including possession for authorized research, analytical testing,
forensic examination, or other noncommercial purposes, shall not
independently subject that substance or conduct to enforcement under
this section.
    (i) Definitions.--For the purposes of this section--
            (1) the term ``commercial distribution'' means the
        advertisement, offering for sale, sale, shipment, transfer for
        value, or distribution of a substance or product in or
        affecting interstate, intrastate, or foreign commerce;
            (2) whether a substance is ``intended for human
        consumption'' shall be determined from all relevant facts and
        circumstances, potentially including labeling, advertising,
        dosage form, method of sale, representations by the seller,
        customary use, and evidence concerning the intended market;
            (3) the term ``scientifically reliable evidence'' includes
        validated in vitro, animal, human, pharmacokinetic,
        pharmacodynamic, receptor-binding, functional-activity, or
        other scientifically accepted evidence identified by the
        Attorney General, in consultation with the Secretary of Health
        and Human Services; and
            (4) the term ``semisynthesis'' means the chemical
        modification or conversion of a naturally occurring substance
        into a chemically distinct substance.
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