STOP Nitazenes Act

Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end of Schedule I the following:

(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation that contains—

(A) any quantity of a 2-benzylbenzimidazole opioid; or

(B) the salts, isomers, and salts of isomers of a 2-benzylbenzimidazole opioid.

(2) For purposes of paragraph (1), the term ‘2-benzylbenzimidazole opioid’ includes the following:

(A) A substance that is structurally related to 2-benzylbenzimidazole with the following modifications:

(i) At the 1-position, substitution with an alkyl linker connected to a substituted amine group containing hydrogen, alkyl, alkenyl, or a heteroaryl group, such as a morphilino, pyrrolidino, or piperidinyl group, whether or not further substituted.

(ii) At the 2-position—

(I) replacement of the alkyl portion of the benzyl group with a substituted or unsubstituted alkyl, alkoxy, carbamates group, nitrogen, sulfur, or oxygen atom; or

(II) replacement of the phenyl portion of the benzyl group with an aryl or heteroaryl group.

(iii) Substitution on the phenyl portion of the benzimidazole ring with a hydrogen atom, halogen, nitro, cyano, substituted or unsubstituted amide, amine, alkyl, alkoxy, aryl, or heteroaryl group.

(iv) At the 6-position, substitution with hydrogen, nitro, trifluoromethyl, methoxy, trifluoromethoxy, cyano, and halogen group.

(B) A substance that exhibits agonist activity at the mu-opioid receptor.

(C) Etonitazene, clonitazene, metonitazene, isotonitazene, protonitazene, butonitazene, etodesnitazene, flunitazene, N-pyrrolidino etonitazene, N-desethyl isotonitazene, and N-piperidinyl etonitazene.

(3) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term 2-benzyl benzimidazole opioid in paragraph (2).

Any substance included in the amendment made by subsection (a) that was temporarily scheduled under section 201(h) of the Controlled Substances Act (21 U.S.C. 811(h)) shall be deemed permanently scheduled and subject to the requirements of Schedule I of section 202(c) of that Act (21 U.S.C. 812(c)) as of the date of enactment of this Act.

The Attorney General—

(1) shall, not later than 1 year after the date of enactment of this Act, issue rules to implement this Act, including the amendments made by this Act; and

(2) may issue the rules under paragraph (1) as an interim final rule.

A rule issued by the Attorney General as an interim final rule under subsection (a) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor, notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code.

An interim final rule issued under subsection (a) shall give interested persons the opportunity to comment and to request a hearing.

After the conclusion of proceedings under paragraph (2), the Attorney General shall issue a final rule to implement this Act, including the amendments made by this Act, in accordance with section 553 of title 5, United States Code.