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General Assembly Passes Kilmartin Legislation that Addresses Fentanyl Analogs and Synthetic Opioids

Legislation places deadly synthetic opioids on Schedule 1 and Schedule II Lists of Controlled Substances

Legislation heads to Governor for signature

With passage today by the Rhode Island General Assembly, legislation filed at the request of Attorney General Peter F. Kilmartin that places fentanyl analogs and compounds of synthetic opioids on the Schedule I and Schedule II lists of Controlled Substances now heads to the Governor's desk for signature.

The legislation (H5738 and S0812) passed both the Senate and House this month.

While law enforcement has worked diligently to investigate and prosecute those who traffic in heroin, fentanyl, and synthetic opioids, investigations have uncovered new derivatives of opiates with chemical makeups that are not covered by those listed as Schedule I and Schedule II substances.

The fentanyl derivatives not only allow makers and dealers to elude law enforcement; they blindside public health authorities and make addiction even riskier. These substances are much stronger than their counterparts and lead to a much greater chance of overdose and are less responsive to overdose reversal treatments.

The legislation adds 19 known compounds of fentanyl analogs and synthetic opioids to the Schedule I and Schedule II lists of Controlled Substances, making those who manufacture, distribute, or possess subject to the same criminal penalties as over opiates.

"As we saw with manufacturers of bath salts a few years ago, manufacturers of fentanyl analogs and synthetic opioids tweak the molecular structure of the drug to evade the list of controlled substance and avoid prosecution," said Attorney General Kilmartin. "This act takes the same approach we did with bath salts; add all known chemical compounds to the list of controlled substances, allowing law enforcement to stay one step ahead of the drug manufacturers and traffickers. This action will immediately get these dangerous and deadly products off our streets and give our law enforcement personnel the tools they need to effectively pursue those who illegally sell and distribute the product."

The fentanyl analogs and synthetic opioids that this act adds to Schedule I and Schedule II are below:

Fentanyl Analogs Federal Schedule I

o Methylthiofentanyl – Alphamethylthiofentanyl (Canada, Class I, United Kingdom, Class A, Germany, Anlage I)

o Acetylfentanyl (acetyl fentanyl) (Canada, Class I, United Kingdom, Class A)

o Hydroxythiofentanyl (Betahydroxythiofentanyl) (Canada, Class I, United Kingdom, Class A)

o Butyrlfentanyl (butyr-fentanyl) (Canada, Class I, United Kingdom, Class A)

o Furanylfentanyl (Fu-F) (Canada, Class I, United Kingdom, Psychoactive Substance)

Federal Schedule II

o Carfentanil (carfentanyl, 4-carbomethoxyfentanyl) (Australia, S8, Canada, Class I, United Kingdom, Class A, Germany, Anlage I)

o Remifentanyl (remifentanil) (Australia, S8, Canada, Class I, United Kingdom, Class A, Germany, Anlage III)

o International Scheduled

o 3-Methylbutyrfentanyl (3-MBF) (Canada, Class I, United Kingdom, Class A)

o 4-Fluorobutyrfentanyl (4-FBF, p-FBF) (Canada, Class I, United Kingdom, Class A, Not USFDA approved)

o 4-Phenylfentanyl (Canada, Class I, United Kingdom, Class A)

o 4-Methoxybutyrfentanyl (4-MeO-BF) (Canada, Class I, United Kingdom, Class A)

o Acrylfentanyl (acryloylfentanyl) (Canada, Class I, United Kingdom, Class A)

o Lofentanyl (United Kingdom, Class A Germany Anlage I)

o N-Methylcarfentanyl (Canada, Class I, United Kingdom, Class A)

o Ocfentanyl (INN, A-3217) (Canada, Class I, United Kingdom, Class A)

o R-30490 (4-methoxymethylfentanyl) (Canada, Class I, United Kingdom, Class A)

Synthetic Opioids Federal Schedule I

o AH-7921 (Australia, S9, Germany, Anlage II, United Kingdom, Class A)

o U-47700 (United Kingdom, Psychoactive Substance)

International Scheduled

o MT-45 (IC-6) (Germany, Anlage II, United Kingdom, Class A)

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