Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-53-190(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )
Fentanyl-related substances. Unless specifically
excepted, listed in another schedule, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, any material, compound, mixture, or
preparation, including its salts, isomers, esters, or ethers,
and salts of isomers, esters, or ethers, that is structurally
related to fentanyl by one or more of the following
modifications:
(A)
replacement of the phenyl portion of the phenethyl group
by any monocycle, whether or not further substituted in or on
the monocycle;
(B)
substitution in or on the phenethyl group with alkyl,
alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro
groups;
(C)
substitution in or on the piperidine ring with alkyl,
alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino
or nitro groups;
(D)
replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle; and/or
(E)
replacement of the N-propionyl group by another acyl
group.
This definition includes, but is not
limited to, the following substances:
Methylacetyl fentanyl, Alpha-methylfentanyl,
Methylthiofentanyl, Benzylfentanyl, Beta-hydroxyfentanyl,
Beta-hydroxy-3-methylfentanyl, 3-Methylfentanyl,
Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl
fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl,
Beta-Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl,
Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl,
Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil,
Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl,
Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl,
Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl
fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl,
Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl
fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl,
Methylcyclopropyl fenantyl."
SECTION 2. Section 44-53-370(e) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )
four grams or more of any fentanyl or
fentanyl-related substance, as described in Section 44-53-190 or
44-53-210, or four grams or more of any mixture containing
fentanyl or any fentanyl-related substance, is guilty of a
felony which is known as 'trafficking in fentanyl' and, upon
conviction, must be punished as follows:
(a)
for a first offense, a term of imprisonment of not more
than ten years, no part of which may be suspended nor probation
granted, and a fine of fifty thousand dollars; and
(b)
for a second or subsequent offense, a term of imprisonment
of not more than twenty years, no part of which may be suspended
nor probation granted, and a fine of one hundred thousand
dollars."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.