[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10923 Introduced in House (IH)]
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119th CONGRESS 2d Session H. R. 10923
To amend the Controlled Substances Act to better align such Act with modern medical knowledge, establish a new system for the scheduling of controlled substances, redelegate certain authorities, promote scientific research, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 29, 2026
Mr. Cohen introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, Natural Resources, Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL
To amend the Controlled Substances Act to better align such Act with modern medical knowledge, establish a new system for the scheduling of controlled substances, redelegate certain authorities, promote scientific research, and for other purposes.
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 ``Public Health and Research Reforms in Controlled Substances Act of 2026''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AMENDMENTS TO CONTROLLED SUBSTANCES ACT
Sec. 101. Findings and declarations. Sec. 102. Definitions. Sec. 103. Authority and criteria for classification of substances. Sec. 104. Schedules of controlled substances. Sec. 105. Treatment of controlled substance analogues. Sec. 106. Rules and regulations. Sec. 107. Persons required to register. Sec. 108. Registration requirements. Sec. 109. Denial, revocation, or suspension of registration. Sec. 110. Quotas applicable to certain substances. Sec. 111. Records and reports of registrants. Sec. 112. Order forms. Sec. 113. Prescriptions. Sec. 114. Prohibited acts A--penalties. Sec. 115. Prohibited acts B--penalties. Sec. 116. Prohibited acts C--penalties. Sec. 117. Distribution to persons under age twenty-one. Sec. 118. Distribution in or near schools. Sec. 119. Denial of Federal benefits to drug traffickers and possessors. Sec. 120. Drug paraphernalia. Sec. 121. Administrative hearings. Sec. 122. Judicial review. TITLE II--AMENDMENTS TO CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
Sec. 201. Exportation of controlled substances. Sec. 202. Exemption authority. Sec. 203. Registration requirements. Sec. 204. Prohibited acts A--penalties. TITLE III--AMENDMENTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 1998
Sec. 301. Definitions. Sec. 302. Appointment and duties of Director and Deputy Director. Sec. 303. Development, submission, implementation, and assessment of National Drug Control Strategy. Sec. 304. Federal evolving or emerging drug threat classification and response system; media campaign. TITLE IV--MARIJUANA DESCHEDULING
Sec. 401. Conforming amendments to other laws. Sec. 402. Effect on other law. Sec. 403. Public meetings. Sec. 404. Special rule for Federal employee testing. TITLE V--REVISION OF UNITED STATES SENTENCING GUIDELINES
Sec. 501. Revision of United States Sentencing Guidelines regarding sentencing for drug offenses. Sec. 502. Resentencing. TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--AMENDMENTS TO CONTROLLED SUBSTANCES ACT
SEC. 101. FINDINGS AND DECLARATIONS.
Section 101 of the Controlled Substances Act (21 U.S.C. 801) is amended-- (1) in paragraph (1), by inserting ``public'' before ``health''; and (2) in paragraph (2), by striking ``and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people'' and inserting ``and improper use of controlled substances may represent a threat to public health''.
SEC. 102. DEFINITIONS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (60) as paragraphs (1) through (59), respectively; (3) in paragraph (5), as so redesignated, by striking ``IV, or V'' and inserting ``or IV''; (4) in paragraph (13), as so redesignated, by striking ``, except as used in schedule I(c) and schedule II(a)(4). As used in schedule I(c), the term `isomer' means any optical, positional, or geometric isomer. As used in schedule II(a)(4), the term `isomer' means any optical or geometric isomer''; (5) in paragraph (22)(A), as so redesignated, by striking ``Attorney General'' and inserting ``Secretary''; (6) in paragraph (31), as so redesignated-- (A) in subparagraph (A), by striking clauses (i) through (iii) and inserting the following: ``(i)(I) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; and ``(II) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or ``(ii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.''; and (B) in subparagraph (B), by striking ``paragraph (34) or (35)'' and inserting ``paragraph (33) or (34)''; (7) in paragraph (33), as so redesignated, by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (8) in paragraph (34), as so redesignated, by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (9) in paragraph (38)(A), as so redesignated-- (A) in the matter preceding clause (i)-- (i) by striking ``Attorney General establishes'' and inserting ``Secretary, in consultation with the Attorney General, establishes''; and (ii) by striking ``Attorney General, in consultation with'' and inserting ``Secretary, in consultation with the Attorney General and''; and (B) in clause (iii), by striking ``Attorney General'' and inserting ``Secretary, in consultation with the Attorney General,''; (10) in paragraph (40)(A), as so redesignated, in the matter following clause (lxxv), by striking ``Attorney General'' and inserting ``Secretary''; (11) in paragraph (43), as so redesignated, by striking ``marihuana,''; (12) in paragraph (44)(B), as so redesignated-- (A) by striking ``Attorney General'' and inserting ``Secretary''; and (B) by striking ``202(c)'' and inserting ``202''; (13) in paragraph (51)(B)(viii), as so redesignated, by striking ``, IV, or V'' each place it appears and inserting ``or IV''; (14) in paragraph (54), as so redesignated, by striking ``, IV, or V'' each place it appears and inserting ``or IV''; (15) in paragraph (55), as so redesignated, by striking ``, IV, or V'' each place it appears and inserting ``or IV''; and (16) by striking paragraph (59), as so redesignated, and inserting the following: ``(59)(A) Except as provided in subparagraph (B), the term `fentanyl-related substance' means any substance that is structurally related to fentanyl by 1 or more of the following modifications: ``(i) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. ``(ii) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(iii) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(iv) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. ``(v) By replacement of the N-propionyl group with another acyl group. ``(B) A substance that satisfies the definition of the term `fentanyl-related substance' in subparagraph (A) shall nonetheless not be treated as a fentanyl-related substance if the substance is controlled by action of the Secretary under section 201. ``(C) The Secretary may by order publish in the Federal Register a list of substances that satisfy the definition of the term `fentanyl- related substance' in subparagraph (A). ``(60) The term `drug-specific mortality' means the risk of death associated with single use consumption of a drug or other substance. ``(61) The term `drug-related mortality' means the extent to which life is shortened by the use of a drug or other substance. ``(62) The term `drug-specific damage' means the extent to which use of a drug or other substance damages a person's physical health. ``(63) The term `drug-related damage' means the extent to which use of a drug or substance contributes to damage to a person's physical health, including consequences of use. ``(64) The term `withdrawal' means a group of behavioral and physical signs and symptoms that occur upon discontinuation of drug or other substance consumption that may have resulted from physical dependence or precipitation by a reversal agent for the drug or other substance's pharmacological target. ``(65) The term `economic cost' means-- ``(A) a direct cost (such as a cost related to health care, police interaction, social services, or crime); and ``(B) an indirect cost (such as loss of productivity or absenteeism). ``(66)(A) The term `therapeutic value' means the extent to which a drug or other substance provides a measurable improvement in patient health. ``(B) The Secretary, through notice and comment rulemaking, shall provide (and periodically update to incorporate new scientific evidence) additional specificity to the definition in subparagraph (A) and provide corresponding evaluation criteria. In so doing, the Secretary shall consider-- ``(i) severity of the conditions and existence of efficacious alternative interventions, which may be influenced by the tolerability and accessibility of the drug or other substance; ``(ii) improvements in health or health-related metrics, which may include-- ``(I) survival; ``(II) relief of pain; ``(III) reduction in anxiety, as measured by the Generalized Anxiety Disorder 7-Item (or any successor test) or such other tests; ``(IV) reduction in depression symptoms, as assessed by the Patient Health Questionnaire-9 (or any successor test) or such other tests; ``(V) reduction in post-traumatic stress disorder symptoms, as assessed by the Clinician-Administered PTSD Scale for DSM-5 (or any successor test) or such other tests; ``(VI) reduction in substance use disorder symptoms, as defined by the Diagnostic and Statistical Manual of Mental Disorders; and ``(VII) patient-reported quality of life; ``(iii) safety profile, tolerability, and patient adherence related to the administration of the drug or other substance as prescribed; and ``(iv) such other facts as the Secretary determines appropriate. ``(C) The existence of an effective alternative drug or other substance for a medical need shall not substantially reduce the therapeutic value of a drug or other substance. ``(67) The term `benefit to society' means, with respect to a drug or other substance, any medical, scientific, or other uses of the drug or other substance that may improve public health or quality of life, as influenced by the therapeutic value of the drug or other substance, or improve social cohesion. ``(68) The term `multicriteria decision analysis' means a mathematically driven model that scores options across multiple criteria, assigns numerical weights to those criteria, and aggregates the weighted scores through a defined calculation to yield a comparative ranking for decision making in an outcome with multiple objectives. ``(69)(A) The term `threat to public health' means, with respect to a drug or other substance, the relative likelihood that development of a substance use disorder, misuse, or nonmedical use of the drug or other substance would cause or contribute to harm to others, either individually or collectively, and the chronicity and severity of such harm. ``(B) The Secretary, through notice and comment rulemaking, shall provide (and periodically update to incorporate new scientific evidence) additional specificity to the definition in subparagraph (A) and provide corresponding evaluation criteria. In so doing, the Secretary shall consider health problems associated with substance use disorder, misuse, or nonmedical use of the drug or other substance, including-- ``(i) the rates of fatal and nonfatal overdoses and poisonings; ``(ii) potentially fatal withdrawal syndromes; ``(iii) the relative frequency of emergency medical service encounters (in comparison to other substances); ``(iv) emergency department visits including hospitalization; ``(v) development of diagnosable substance-related clinical illness; ``(vi) the relative frequency of drug treatment admissions; ``(vii) comparisons of national and subnational trends; and ``(viii) other relevant public health or public safety factors. ``(70) The term `substance use disorder' means the pattern of behavior from the recurrent use of drugs or other substances that cause the criteria defined in the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, text revision (or any successor manual). ``(71) The term `misuse' means the use of prescription drugs in a manner or dose other than as prescribed. ``(72) The term `nonmedical use'-- ``(A) means the use of a drug or other substance in a manner not directed by a health care provider; and ``(B) includes misuse.''.
SEC. 103. AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended-- (1) in subsection (a)-- (A) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (B) in paragraph (1)-- (i) in subparagraph (A), by striking ``a potential for abuse'' and inserting ``the potential for development of a substance use disorder (not including isolated or occasional nontherapeutic purposes)''; and (ii) in subparagraph (B), by striking ``schedule'' and inserting ``schedules''; and (C) in the matter following paragraph (2), by striking ``request of the Secretary, or (3)'' and inserting ``request of the Attorney General, (3) at the request of the Director of the Office of National Drug Control Policy, or (4)''; (2) by striking subsection (b) and inserting the following: ``(b)(1) The Secretary shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules-- ``(A) request from the Attorney General a law enforcement evaluation with respect to such drug or other substance of the factor described in subsection (c)(10); ``(B) make publicly available a scientific and medical evaluation of the drug or other substance, using the factors described in subsection (c), which shall include the recommendations of the Secretary with respect to the appropriate schedule, if any, under which such drug or other substance should be listed; and ``(C) after completion of such evaluation, request from the Committee established under paragraph (3) a multicriteria decision analysis, which shall-- ``(i) include the recommendations of the Committee with respect to the appropriate schedule, if any, under which such drug or other substance should be listed; ``(ii) descriptions of-- ``(I) the evidence and data sources used; ``(II) the numerical weights and the reasons for choosing them; ``(III) the score assigned to each criterion before the scores are aggregated; and ``(IV) uncertainty ranges and sensitivity analyses showing whether reasonable changes in weights alter the result; and ``(iii) be made publicly available. ``(2) If the Committee recommends that a drug or other substance not be controlled or not be removed, the Secretary shall not so control or remove the drug or other substance. Subject to the previous sentence, if the Secretary determines that these facts and all other relevant data constitute substantial evidence such as to warrant control or substantial evidence that the drug or other substance should be removed entirely from the schedules, the Secretary shall initiate proceedings for control or removal, as the case may be, under subsection (a). ``(3)(A) The Secretary shall establish a Committee for the purpose of conducting the evaluation and providing the recommendations described in paragraph (1). ``(B) The Committee shall be composed of at least 15 and not more than 25 members, who shall be appointed by the Secretary in consultation with the Director of the Office of National Drug Control Policy. Such members shall include the following: ``(i) At least 6 members with substantial expertise in behavioral, molecular, or clinical pharmacology, selected from the membership of-- ``(I) the American Society for Pharmacology and Experimental Therapeutics; ``(II) the College on Problems of Drug Dependence; ``(III) the American College of Neuropsychopharmacology; ``(IV) the American Society of Addiction Medicine; ``(V) the Society of Biological Psychiatry; and ``(VI) the American College of Medical Toxicology. ``(ii) At least 5 members who-- ``(I) are licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which they practice, to prescribe controlled substances in the course of professional practice; ``(II) have significant expertise in addiction medicine or medical toxicology; and ``(III) hold-- ``(aa) a subspecialty board certification in addiction medicine from the American Board of Preventive Medicine; ``(bb) a board certification in addiction medicine from the American Board of Addiction Medicine; ``(cc) a subspecialty board certification in addiction psychiatry from the American Board of Psychiatry and Neurology; ``(dd) a subspecialty board certification in addiction medicine from the American Osteopathic Association; or ``(ee) a subspecialty board certification in medical toxicology from the American College of Medical Toxicology. ``(iii) At least 2 members who work for a nonprofit organization that advocates for persons with substance use disorders. ``(iv) At least 2 members who have a significant publication record on epidemiological trends in emerging or existing drugs. ``(v) At least 2 members who-- ``(I) have significant experience in providing intensive case management to persons with substance use disorders; and ``(II) hold State certifications in substance use counseling. ``(C)(i) The Secretary shall ensure that the Committee meets regularly and at appropriate intervals so that any matter to be reviewed can be presented to the Committee not more than 60 days after the matter is ready for such review. ``(ii) Meetings of the Committee may be held using electronic communication. ``(iii) The Secretary shall, as appropriate, provide education and training to each new Committee member before such member participates in the Committee's activities, including education regarding-- ``(I) requirements under this title and related regulations of the Secretary; and ``(II) the administrative processes and procedures related to Committee meetings. ``(iv) Committee members (other than officers or employees of the United States), while attending meetings or conferences of the Committee or otherwise engaged in its business, shall be entitled to receive compensation for each day so engaged, including travel time, at rates to be fixed by the Secretary, but not to exceed the daily equivalent of the rate in effect for positions classified above grade GS-15 of the General Schedule. ``(v) While serving away from their homes or regular places of business, Committee members may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, for persons in the Government service employed intermittently.''; (3) by striking subsection (c) and inserting the following: ``(c) In making any finding under subsection (a) of this section or under subsection (b) of section 202, the Secretary shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules: ``(1) The state of current scientific knowledge regarding the drug or other substance, including routes of administration and pharmacological effects, if known. ``(2) Its actual or relative pattern or potential for nonmedical use, misuse, and developments of substance use disorders. ``(3) Its history and current trends of nonmedical use, misuse, and developments of substance use disorders, including subnational geographical trends. ``(4) The nature of, and actual (or, if unknown, the potential) magnitude of, threats to public health related to misuse, nonmedical use, and developments of substance use disorders, including drug-specific mortality, drug-related mortality, drug-specific damage, and drug-related damage. ``(5) Its therapeutic applications, including self-reported therapeutic use, and extent of therapeutic use and epidemiology of therapeutic use. ``(6) Prevalence of medical conditions or disease that the drug or substance is used in, or has the potential for use for, treatment for a currently met or unmet therapeutic utility. ``(7) Whether the drug or other substance is an immediate precursor of a substance already controlled under this title. ``(8) Its marketing authorizations as a medicinal product. ``(9) Its industrial, agricultural, and veterinary use. ``(10) Its illicit manufacture and traffic and related information. ``(11) What threat to public health, if any, from scheduling the drug or other substance, including replacement by alternative drugs or substances. ``(12) The extent to which the drug or other substance is used to reduce the severity of an individual's substance use disorder with respect to the use of another scheduled drug or substance, along with harms to the individual and society associated with use of that other scheduled drug or substance. ``(13) Other medical and scientific matters relevant for a recommendation on scheduling of the drug or other substance. ``(14) Other such factors which relate to harms to one's self or society, benefits to self or society, including economic costs.''; (4) in subsection (d)-- (A) in paragraph (1), by striking ``Attorney General'' and inserting ``Secretary''; (B) in paragraph (2), by striking ``Secretary of Health, Education, and Welfare'' each place it appears and inserting ``Secretary of Health and Human Services''; (C) in paragraph (3)-- (i) by striking ``Secretary of Health, Education, and Welfare'' each place it appears and inserting ``Secretary of Health and Human Services''; (ii) in the matter preceding subparagraph (A), by striking ``, after consultation with the Attorney General,''; (iii) in subparagraph (A), by striking ``recommend to the Attorney General that he initiate proceedings for scheduling the drug or substance, pursuant to subsections (a) and (b) of this section,'' and inserting ``prepare an analysis''; (iv) in subparagraph (B), by striking ``recommend to the Attorney General that he''; and (v) in subparagraph (C)(i), by striking ``if he deems that additional controls are necessary to protect the public health and safety, recommend to the Attorney General that he''; (D) in paragraph (4)-- (i) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Health and Human Services''; (ii) in subparagraph (A)-- (I) by striking ``, after consultation with the Secretary of Health, Education, and Welfare,''; (II) by striking ``, after consultation with the Secretary and'' and inserting a comma; (III) by striking ``or V, whichever is most appropriate'' and inserting ``, as appropriate''; and (IV) by striking ``, after consultation with the Secretary,''; and (iii) in subparagraph (B)-- (I) in the matter preceding clause (i)-- (aa) by striking ``, after consultation with the Secretary of Health, Education, and Welfare and''; (bb) by striking ``or V, whichever is most appropriate'' and inserting ``, as appropriate''; and (cc) by striking ``, after consultation with the Secretary,''; (II) in clause (ii), by striking ``or V''; and (III) in the matter following clause (ii), by striking ``or V''; and (E) in paragraph (5), by striking ``Secretary of Health, Education, and Welfare or the Attorney General'' and inserting ``Secretary of Health and Human Services''; (5) in subsection (e), by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (6) by striking subsection (f); (7) by striking subsection (j); (8) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively; (9) in subsection (f), as so redesignated-- (A) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (B) in paragraph (1), by striking ``titles II and III of the Comprehensive Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.)'' and inserting ``this title and title III of this Act''; and (C) in paragraph (3)-- (i) by striking ``abuse'' each place it appears and inserting ``the development of a substance use disorder''; and (ii) in subparagraph (C), by striking ``Upon the recommendation of the Secretary of Health and Human Services, a'' and inserting ``A''; (10) in subsection (g), as so redesignated-- (A) by striking paragraph (1) and inserting the following: ``(1) Upon recommendation by the Director of the Office of National Drug Control Policy, the Secretary may, by order, place a drug or other substance in schedules E and I, II, III, or IV on a temporary basis as necessary to avoid an imminent significant threat to public health. Such drug or other substance may be so placed in schedules E and I, II, III, or IV without regard to the requirements of subsection (b) relating to the Secretary of Health and Human Services if the substance is not listed in any other schedule in section 202 or if no exemption or approval is in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act. Such an order may not be issued before the expiration of 30 days from-- ``(A) the date of the publication by the Secretary of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and ``(B) the date the Director of the Office of National Drug Control Policy has transmitted the notice required by paragraph (4).''; (B) in paragraph (2)-- (i) by striking ``Attorney General'' and inserting ``Secretary''; and (ii) by adding at the end the following: ``The Director of the Office of National Drug Control Policy may terminate such order if the Director finds that the scheduling is no longer necessary to protect the public health.''; (C) in paragraph (3)-- (i) by striking ``Attorney General'' and inserting ``Secretary''; and (ii) by striking ``paragraphs (4), (5), and (6) of subsection (c), including actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution'' and inserting ``paragraphs (3), (4), (6), (11), and (12) of subsection (c)''; and (D) in paragraph (4)-- (i) by striking ``Attorney General shall transmit notice of an order proposed to be issued under paragraph (1)'' and inserting ``Director of the Office of National Drug Control Policy shall transmit notice of a recommendation of the Director for an order under paragraph (1)''; (ii) by striking ``Attorney General shall take'' and inserting ``Secretary shall take''; and (iii) by striking ``Secretary in response'' and inserting ``Director of the Office of National Drug Control Policy in response''; and (11) in subsection (h), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; and (ii) in subparagraph (B), by striking ``abuse'' and inserting ``the development of a substance use disorder, nonmedical use,''; (B) in paragraph (2), by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (C) by striking paragraph (3); (D) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (E) in paragraph (5), as so redesignated, by striking ``Attorney General'' and inserting ``Secretary''.
SEC. 104. SCHEDULES OF CONTROLLED SUBSTANCES.
Section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended-- (1) in subsection (a)-- (A) by striking the first sentence and inserting the following: ``There are established four schedules of controlled substances, to be known as schedules I, II, III, and IV, and five additional schedules, to be known as schedules A, B, C, D, and E.''; and (B) by striking ``the two-year period beginning one year after the date of enactment of this title'' and inserting ``the two-year period beginning on May 24, 2028,''; (2) by striking subsection (b) and inserting the following: ``(b) Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The placement of an immediate precursor, a drug, or other substance in any of the schedules shall be made to reasonably balance public health and safety with therapeutic value. Each drug or other substance placed in a schedule described in paragraph (1) shall also be placed in a schedule described in paragraph (2). The findings required for each of the schedules are as follows: ``(1) Schedules for potential risks to users and society.-- ``(A) Schedule i.--The drug or other substance presents a high risk of misuse or development of a substance use disorder and the consequences of the use of the drug or other substance pose a particularly high threat to public health. ``(B) Schedule ii.--The drug or other substance presents a lower risk of misuse or development of a substance use disorder than those in schedule I and the consequences of the use of the drug or other substance pose a threat to public health less than the particularly high threat to public health referred to in subparagraph (A). ``(C) Schedule iii.--The drug or other substance presents a lower risk of misuse or development of a substance use disorder than those in schedule II and the consequences of the use of the drug or other substance pose a threat to public health less than the threat to public health referred to in subparagraph (B). ``(D) Schedule iv.--The drug or substance presents a risk of misuse or development of a substance use disorder lower than those in schedule III and the consequences of the use of the drug or other substance pose a threat to public health less than the threat to public health referred to in subparagraph (B). ``(2) Schedules for therapeutic value.-- ``(A) Schedule a.--The drug or other substance has high therapeutic value. ``(B) Schedule b.--The drug or other substance has moderate therapeutic value. ``(C) Schedule c.--The drug or other substance has low therapeutic value. ``(D) Schedule d.--The drug or other substance is of limited therapeutic value. ``(E) Schedule e.--The drug or other substance is of unknown or has no therapeutic value.''; and (3) by striking subsection (c) and inserting the following: ``(c)(1) Except as otherwise provided in this subsection, the Secretary shall reevaluate each drug or other substance placed in a schedule pursuant to this title, as in effect on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026, to determine whether such drug or other substance shall-- ``(A) be placed in the schedules described in subsection (b) pursuant to this title; or ``(B) be removed from the schedules under this title. ``(2) Before a drug or other substance is placed in, or removed from, a schedule under paragraph (1), the Secretary shall publish the proposed placement or removal in the Federal Register and accept public comments and provide opportunity for a hearing on the proposed placement or removal for a period of not less than 60 days. ``(3) Not later than 2 years after the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026, the Secretary shall conduct the reevaluation described in paragraph (1) for each of the following: ``(A) Fentanyl. ``(B) Cocaine. ``(C) Amphetamine. ``(D) Methylphenidate. ``(E) Methadone. ``(F) Methamphetamine. ``(G) Phencyclidine. ``(H) Ketamine. ``(I) 3,4-methylenedioxymethylamphetamine. ``(J) Buprenorphine. ``(K) Diazepam. ``(L) Flurazepam. ``(M) Anabolic steroids. ``(N) Lysergic acid diethylamide. ``(O) Psilocybin. ``(P) Psilocin. ``(Q) N,N-dimethyltryptamine. ``(R) 2,5-dimethoxy-4-methylamphetamine. ``(S) 4-Bromo-2,5-dimethoxyphenethylamine. ``(T) Zolpidem. ``(U) Phenobarbital. ``(V) Mescaline. ``(W) Ibogaine. ``(X) Diacetylmorphine. ``(Y) Morphine. ``(Z) Codeine. ``(AA) Oxycodone. ``(BB) Oxymorphone. ``(CC) Hydromorphone. ``(DD) Hydrocodone. ``(EE) Alprazolam. ``(FF) Clonazepam. ``(4)(A) Not later than 8 years after the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026, the Secretary shall conduct the reevaluation described in paragraph (1) for each drug or other substance not listed in paragraphs (3) or (6). ``(B) With respect to each drug or other substance described in paragraph (1) but not listed in paragraph (3) or (6), the Secretary shall designate the drug or other substance as-- ``(i) a high-priority substance; or ``(ii) a low-priority substance. ``(C) In conducting the reevaluations required by paragraph (1), the Secretary shall prioritize the reevaluations of high-priority substances designated under subparagraph (B). ``(D) For the purpose of designating drugs and other substances under subparagraph (B), not later than 1 year after the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026, the Secretary shall establish, by rule, a process for such designation. Such process shall include-- ``(i) the criteria that the Secretary will consider in making such designations; ``(ii) cost-benefit analysis, where appropriate; and ``(iii) a consideration of the relative potential for the development of a substance use disorder from the use of each drug or other substance, its therapeutic value, and its potential utility for treatment based on animal models or an application for an investigational new drug under section 505(i) of the Federal Food, Drug, and Cosmetic Act. ``(5) In the case that the Secretary fails to fulfill the requirements of paragraph (3) or (4)(A) with respect to a drug or other substance, the drug or other substance shall be placed in schedule I, II, III, or IV and schedule A, B, C, D, or E as follows:
---------------------------------------------------------------------------------------------------------------- `` Schedule I Schedule II Schedule III Schedule IV ----------------------------------------------------------------------------------------------------------------
Schedule A Fentanyl Amphetamine, its Ketamine Lysergic acid salts, optical diethylamide isomers, and salts of its optical isomers
.......................... Methylphenidate 3,4-methylenedioxy Psilocybin methylamphetamine
.......................... Methadone .................... Psilocin
.......................... Hydrocodone .................... Buprenorphine
.......................... Hydromorphone .................... Codeine
.......................... Oxymorphone .................... .....................
.......................... Oxycodone .................... .....................
.......................... Methamphetamine .................... ..................... ----------------------------------------------------------------------------------------------------------------
Schedule B Cocaine Alprazolam Diazepam Zolpidem
Diacetylmorphine .................... Ibogaine Any substance in schedule V of section 202(c), as in effect on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026
Morphine .................... Flurazepam Any substance in subsection (d) of schedule III of section 202(c), as in effect on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026
.......................... .................... Phenobarbital .....................
.......................... .................... Clonazepam ..................... ----------------------------------------------------------------------------------------------------------------
Schedule C .......................... .................... Anabolic steroids ..................... ----------------------------------------------------------------------------------------------------------------
Schedule D .......................... Phencyclidine .................... ..................... ----------------------------------------------------------------------------------------------------------------
Schedule E 2 benzylbenzimidazole Any novel analog of Any novel analog of Any substance in opioid and its salts a schedule II a schedule III subsection (d) of substance not substance not schedule I of placed in another placed in another section 202(c), as schedule, as in schedule, as in in effect on the day effect on the day effect on the day before the date of before the date of before the date of enactment of the enactment of the enactment of the Public Health and Public Health and Public Health and Research Reforms in Research Reforms in Research Reforms in Controlled Controlled Controlled Substances Act of Substances Act of Substances Act of 2026 2026 2026
Any substance in .................... .................... N, N- paragraphs (1) or (2) of Dimethyltryptamine subsection (e) of schedule I of section 202(c), as in effect on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026
.......................... .................... .................... 4-Bromo
.......................... .................... .................... 2,5- dimethoxyphenethylam ine
.......................... .................... .................... Mescaline
.......................... .................... .................... Peyote ----------------------------------------------------------------------------------------------------------------
``(6) The Secretary shall remove marihuana and tetrahydrocannabinols from the schedules under this title. The previous sentence is retroactive and shall apply to any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered before, on, or after the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026. For the purposes of this title, marihuana and tetrahydrocannabinols shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. ``(7) The Secretary may request the submission from an interested entity of relevant information concerning a drug or other substance as necessary to fulfill the requirements of this subsection. Such entity shall have 60 days to comply with any such request. ``(8) In scheduling or rescheduling a controlled substance analogue under this section, the Secretary shall-- ``(A) place such substance in the same or lesser numerical schedule as the parent substance; and ``(B) place such substance in schedule E if the therapeutic value of such analog is not established.''.
SEC. 105. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES.
Section 203(a) of the Controlled Substances Act (21 U.S.C. 813(a)) is amended by striking ``in schedule I'' and inserting the following: ``in-- ``(1) whichever of schedules I, II, III, and IV is placed the drug or other substance from which the controlled substance analogue is derived, as determined by the Secretary; and ``(2) schedule E.''.
SEC. 106. RULES AND REGULATIONS.
Section 301 of the Controlled Substances Act (21 U.S.C. 821) is amended to read as follows:
``rules and regulations
``Sec. 301. ``(a) Except with respect to the registration of scientific investigators under section 302, the Attorney General is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances and to listed chemicals. ``(b) The Secretary is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration of scientific investigators under section 302.''.
SEC. 107. PERSONS REQUIRED TO REGISTER.
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended-- (1) in subsection (e)(4)-- (A) in subparagraph (A)(ii), by striking ``Attorney General'' and inserting ``Secretary''; (B) in subparagraph (B), by striking ``Attorney General'' and inserting ``Secretary''; and (C) in subparagraph (C), by striking ``Attorney General may, in consultation with the Secretary'' and inserting ``Secretary may, in consultation with the Attorney General''; (2) in subsection (f)(2)(A), by striking ``the same schedule as the first controlled substance, or is in a schedule with a higher numerical designation'' and inserting ``another schedule with another numerical or alphabetical designation''; (3) by striking subsection (h); (4) by redesignating subsection (i) as subsection (h); (5) in subsection (h), as so redesignated-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``Attorney General'' and inserting ``Secretary''; and (ii) in clause (iii), by striking ``Attorney General'' and inserting ``Secretary''; (B) in paragraph (2)(A)(i), by striking ``Attorney General'' and inserting ``Secretary''; and (C) by striking paragraph (3); and (6) by adding at the end the following: ``(i) Nothing in this section shall be construed to prevent an institution of higher education from applying for a registration for the purposes of conducting scientific research.''.
SEC. 108. REGISTRATION REQUIREMENTS.
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended-- (1) by striking subsection (c); (2) by redesignating subsections (d) through (o) as subsections (c) through (n), respectively; (3) in subsection (d), as so redesignated-- (A) in the matter preceding paragraph (1), by striking ``, IV, or V'' and inserting ``or IV''; and (B) in paragraph (1), by striking ``, IV, or V'' and inserting ``or IV''; (4) in subsection (e), as so redesignated, by striking ``, IV, or V'' and inserting ``or IV''; (5) in subsection (f), as so redesignated-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) to dispense, or conduct research with,'' and inserting ``The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) who are not scientific investigators to dispense, and the Secretary shall register practitioners who are scientific investigators to conduct research with,''; (II) by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; (III) by striking ``and shall modify'' and inserting ``, and the Attorney General shall modify''; (IV) by striking ``Attorney General may deny'' and inserting ``Attorney General (or Secretary, as applicable) may deny''; and (V) by striking ``Attorney General determines'' and inserting ``Attorney General (or Secretary, as applicable) determines''; and (ii) in the matter following subparagraph (E), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (6) in subsection (g), as so redesignated, by striking ``III, IV, or V'' and inserting ``II, III, or IV''; (7) in subsection (i), by striking ``(e)'' and inserting ``(d)''; (8) in subsection (j), as so redesignated-- (A) in paragraph (1)-- (i) in the matter preceding paragraph (A), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; and (ii) in subparagraph (B), by striking ``(g)'' and inserting ``(f)''; (B) in paragraph (3), by striking ``(g)'' and inserting ``(f)''; (C) in paragraph (4), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; and (D) in paragraph (13)-- (i) in subparagraph (H), by striking ``(g)'' and inserting ``(f)''; (ii) in subparagraph (J)(ii), by striking ``(g)'' and inserting ``(f)''; and (iii) in subparagraph (K), by striking ``(g)'' and inserting ``(f)''; (9) in subsection (l), as so redesignated-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; and (II) by inserting ``and Secretary'' after ``Attorney General''; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; (B) in paragraph (2)(A), by inserting ``and Secretary'' after ``Attorney General''; and (C) in paragraph (3)(B), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; (10) in subsection (m), as so redesignated-- (A) by striking the subsection heading and inserting the following: ``Special Provisions for Continuity of Research for Newly Scheduled Substances''; (B) in paragraph (1)-- (i) by striking ``schedule I'' and inserting ``scheduled substances''; and (ii) by striking ``subparagraph (A) or (B) of''; (C) by striking paragraph (3) and inserting the following: ``(3) Expedited procedures for researcher without a current research registration.-- ``(A) In general.--Subject to subsection (C), a practitioner who is a scientific investigator may conduct research under this subsection on and after the date that is 45 days after the date on which the practitioner sends a notice to the Secretary containing the following information, with respect to each substance with which the practitioner will conduct research: ``(i) The chemical name of the substance. ``(ii) The quantity of the substance to be used in the research. ``(iii) Demonstration that the research is in the category described in paragraph (2), which demonstration may be satisfied-- ``(I) in the case of a grant, contract, cooperative agreement, other transaction, or intramural research project, by identifying the sponsoring agency and supplying the number of the grant, contract, cooperative agreement, other transaction, or project; or ``(II) in the case of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act, by supplying the application number and the sponsor of record on the application. ``(iv) Demonstration that the researcher is authorized to conduct research with respect to the substance under the laws of the State in which the research will take place. ``(B) Secretary action.--The Secretary shall-- ``(i) treat notice received under subparagraph (A) as a sufficient application for a research registration; and ``(ii) not later than 45 days of receiving such a notice that contains all information required under subparagraph (A)-- ``(I) register the applicant; or ``(II) serve an order to show cause upon the applicant in accordance with section 304(c). ``(C) Research with limited amounts for pilot studies.-- ``(i) In general.--The Secretary shall establish, within the National Institute on Drug Abuse, a process for expedited approval of a registration under this paragraph for well- qualified persons seeking to conduct preclinical, nonhuman research described in paragraph (2) with 1 or more scheduled substances-- ``(I) using only a limited amount of such substances (as the Secretary may determine appropriate); and ``(II) consisting of only a single set of experiments (as determined by the Secretary). ``(ii) Description of storage.--To be eligible for expedited approval under this subparagraph, a person shall submit to the Secretary a description of how the person will store the scheduled substances referred to in clause (i). The Secretary shall establish guidelines for storage and recordkeeping requirements that may be less stringent than guidelines for storage and recordkeeping requirements with respect to other controlled substance registrations. ``(iii) Timeline.--The Secretary shall approve or deny a request that is eligible for expedited approval under this subparagraph not later than 15 days after the Secretary receives such request. ``(iv) Provision by national institute on drug abuse.--The Secretary, acting through the Director of the National Institute on Drug Abuse, shall provide to a person whose registration is approved under this subparagraph the amounts of substances necessary to conduct the research for which the registration was approved.''; (D) in paragraph (4), by striking ``Attorney General'' and inserting ``Secretary''; and (E) in paragraph (5)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``a schedule I'' and inserting ``the scheduled''; and (II) by striking ``of schedule I'' and inserting ``such''; and (ii) in subparagraph (A), by striking ``Attorney General'' and inserting ``Secretary''; and (11) in subsection (n), as so redesignated-- (A) in paragraph (1), in the matter preceding subparagraph (A)-- (i) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; and (ii) by striking ``Drug Enforcement Administration'' and inserting ``Department of Health and Human Services''; and (B) in paragraph (2), by striking ``Attorney General'' and inserting ``Secretary''.
SEC. 109. DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION.
Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting after ``Attorney General'' the following: ``(or with respect to a practitioner who is a scientific investigator, the Secretary)''; and (2) in subsections (b) through (h), by inserting after ``Attorney General'' each place it appears the following: ``(or Secretary, as applicable)''.
SEC. 110. QUOTAS APPLICABLE TO CERTAIN SUBSTANCES.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is amended-- (1) in subsections (a) through (f), by striking ``Attorney General'' each place it appears and inserting ``Secretary''; (2) in subsection (h)(1)-- (A) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; and (B) in subparagraph (B)(ii)-- (i) by inserting ``to the public'' after ``written response''; and (ii) by striking ``Attorney General's'' and inserting ``Secretary's''; and (3) in subsection (i)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``Attorney General by regulation'' and inserting ``Secretary by regulation''; (ii) in subparagraph (B)(i), by inserting ``and the Director of the Office of National Drug Control Policy'' after ``Secretary of Health and Human Services''; and (iii) in subparagraph (C)-- (I) by striking ``Attorney General'' each place it appears and inserting ``Secretary''; and (II) by striking ``reductions'' and inserting ``alterations''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``Attorney General, in consultation with the Secretary of Health and Human Services'' and inserting ``Secretary, in consultation with the Attorney General''; and (ii) in subparagraph (B), by striking ``Attorney General'' and inserting ``Secretary''; and (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``Attorney General'' each place it appears and inserting ``Secretary''; and (ii) in subparagraph (B), by striking ``Secretary of Health and Human Services'' and inserting ``Attorney General''.
SEC. 111. RECORDS AND REPORTS OF REGISTRANTS.
Section 307 of the Controlled Substances Act (21 U.S.C. 827) is amended-- (1) in subsection (a)(2), by striking ``Attorney General'' and inserting ``Secretary''; and (2) in subsection (c)(1)-- (A) in subparagraph (A), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''; and (B) in subparagraph (B), by striking ``II, III, IV, or V'' and inserting ``I, II, III, or IV''.
SEC. 112. ORDER FORMS.
Section 308(d) of the Controlled Substances Act (21 U.S.C. 828(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``The Attorney General shall issue'' and inserting ``With respect to scientific investigators conducting research with a controlled substance, the Secretary, and with respect to any other person, the Attorney General, shall issue''; and (B) by striking ``the Attorney General shall, before'' and inserting ``the Secretary or Attorney General, as applicable, shall, before''; and (2) in paragraph (2), by striking ``Attorney General'' and inserting ``Secretary or Attorney General, as applicable,''.
SEC. 113. PRESCRIPTIONS.
Section 309 of the Controlled Substances Act (21 U.S.C. 829) is amended-- (1) in subsection (a), by striking ``schedule II'' each place it appears and inserting ``schedule I or II''; (2) by striking subsection (c); (3) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; (4) in subsection (c), as so redesignated, by striking ``abuse potential'' and inserting ``potential for the development of a substance use disorder''; and (5) in subsection (e), as so redesignated-- (A) in the subsection heading, by striking ``Schedule II'' and inserting ``Schedule I or II''; and (B) by striking ``schedule II'' each place it appears and inserting ``schedule I or II''.
SEC. 114. PROHIBITED ACTS A--PENALTIES.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraphs (C) and (E) as subparagraphs (A) and (B), respectively; (iii) in subparagraph (A), as so redesignated-- (I) by striking ``, except as provided in subparagraphs (A), (B), and (D)''; (II) by striking ``less than twenty years or''; (III) by striking ``$1,000,000'' and inserting ``$10,000,000''; (IV) by striking ``$5,000,000'' and inserting ``$50,000,000''; (V) by striking ``prior conviction for a felony drug offense'' and inserting ``prior conviction for a serious drug felony''; (VI) by striking ``if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment'' and inserting ``if death or serious bodily injury results from the use of such substance shall be sentenced to not more than life imprisonment''; (VII) by striking ``$2,000,000'' and inserting ``$20,000,000''; (VIII) by striking ``is an individual or $10,000,000'' and inserting ``is an individual or $75,000,000''; and (IX) by striking the last sentence; and (iv) in subparagraph (B), as so redesignated-- (I) in clause (i)-- (aa) by striking ``Except as provided in subparagraphs (C) and (D), in'' and inserting ``In''; (bb) by striking ``$500,000'' and inserting ``$5,000,000''; and (cc) by striking ``$2,500,000'' and inserting ``$25,000,000''; and (II) in clause (ii)-- (aa) by striking ``$1,000,000'' and inserting ``$10,000,000''; and (bb) by striking ``$5,000,000'' and inserting ``$50,000,000''; (B) in paragraph (2)-- (i) by striking ``$250,000'' and inserting ``$5,000,000''; (ii) by striking ``$1,000,000'' and inserting ``$25,000,000''; (iii) by striking ``$500,000'' and inserting ``$10,000,000''; and (iv) by striking ``$2,000,000'' and inserting ``$50,000,000''; (C) by striking paragraphs (3) and (4); (D) by redesignating paragraphs (5) through (7) as paragraphs (3) through (5), respectively; (E) in paragraph (3), as so redesignated-- (i) in subparagraph (C), by striking ``$500,000'' and inserting ``$5,000,000''; and (ii) in subparagraph (D), by striking ``$1,000,000'' and inserting ``$25,000,000''; (F) in paragraph (4), as so redesignated, by striking ``in accordance with title 18, United States Code,'' and inserting ``an amount not to exceed the amount authorized in accordance with title 18, United Stated Code, $5,000,000 if the defendant is an individual, or $25,000,000 if the defendant is not an individual,''; and (G) in paragraph (5), as so redesignated-- (i) by amending the paragraph heading to read as follows: ``Distribution to facilitate a crime of violence''; (ii) by striking ``section 16 of title 18'' and inserting ``section 16(a) of title 18, United States Code''; and (iii) by striking ``shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code'' and inserting ``shall be fined an amount not to exceed the amount authorized in accordance with title 18, United States Code, $5,000,000 if the defendant is an individual, or $25,000,000 if the defendant is not an individual, imprisoned not more than 20 years, or both''; and (2) by adding at the end the following: ``(i) Prior Schedule V Substances.-- ``(1) In general.--Notwithstanding any other provision of this title or other Federal law, no person shall be subject to a sentence for an offense under this section or section 1010 with respect to a prior schedule V substance that is greater than the maximum sentence which was applicable on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026. ``(2) Prior schedule v substance described.--In this subsection, the term `prior schedule V substance' means a drug or other substance in schedule V on the day before the date of enactment of the Public Health and Research Reforms in Controlled Substances Act of 2026.''.
SEC. 115. PROHIBITED ACTS B--PENALTIES.
Section 402(c)(2)(B) of the Controlled Substances Act (21 U.S.C. 842(c)(2)(B)) is amended by striking ``, marihuana,''.
SEC. 116. PROHIBITED ACTS C--PENALTIES.
Section 403(d)(1) of the Controlled Substances Act (21 U.S.C. 843(d)(1)) is amended by striking ``, marihuana,''.
SEC. 117. DISTRIBUTION TO PERSONS UNDER AGE TWENTY-ONE.
Section 418(a) of the Controlled Substances Act (21 U.S.C. 859(a)) is amended by striking the last sentence.
SEC. 118. DISTRIBUTION IN OR NEAR SCHOOLS.
Section 419(a) of the Controlled Substances Act (21 U.S.C. 860(a)) is amended by striking the last sentence.
SEC. 119. DENIAL OF FEDERAL BENEFITS TO DRUG TRAFFICKERS AND POSSESSORS.
Section 421 of the Controlled Substances Act (21 U.S.C. 862) is amended by striking ``an addict'' each place it appears and i
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