The Committee on Judiciary proposes the following Amendment No. to H. 3623 (COUNCIL\AHB\3623C001.BH.AHB21):

Reference is to Introduced Version.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/SECTION ___. 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; 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___. 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, may be punished as follows:

(a) four grams or more, but less than fourteen grams:

1. for a first offense, a term of imprisonment of not more than ten years, or a fine of not more than fifty thousand dollars, or both;

2. for a second or subsequent offense, a term of imprisonment not more than fifteen years and a fine of one hundred thousand dollars;

(b) fourteen grams or more but less than twenty-eight grams, a term of imprisonment of not more than fifteen years and a fine of two hundred thousand dollars;

(c) twenty-eight grams or more, a term of imprisonment of not more than twenty years or a fine of two hundred thousand dollars, or both;"/