H.R. 10272: End Gas Station Heroin Act

This bill would create new federal controls aimed at certain synthetic opioid-like drugs and products that contain them.

What it would add to the Controlled Substances Act

The bill would place 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl into Schedule I, the most restricted category under federal drug law. That would also cover their salts, isomers, and related chemical forms when possible.

However, the bill makes an exception for these substances when they occur naturally in kratom or a finished kratom product, as long as they stay below specific limits:

• For solid, powdered, or capsule products: no more than 1 milligram per gram.
• For liquid products: no more than 1 milligram per milliliter.
• Overall: no more than 1 part per 100 parts of mitragynine by mass.

If these substances are synthesized, chemically converted, concentrated, enriched, isolated, or otherwise produced through manufacturing, they would not qualify for that kratom exception.

How it would treat emerging synthetic opioids

The bill would also create a new federal enforcement framework for certain “covered emerging synthetic opioids.” In practical terms, this would target new synthetic opioids that are being sold or distributed commercially, are intended for human use, and are not already approved as medicines or listed under another drug schedule.

For those substances, the bill says they would be treated as Schedule I drugs for purposes of banning and enforcing against:

• knowing or intentional manufacturing,
• importing or exporting,
• distributing or dispensing, and
• possession with intent to do any of those activities.

The bill defines these substances by several features, including that they:

• are being sold or offered for commercial distribution, or intended for that market;
• act on opioid receptors and are more potent than morphine, based on scientific evidence;
• are made through chemical synthesis or semisynthesis;
• are not FDA-approved drugs;
• are intended for human consumption;
• are not already listed in another controlled substance schedule; and
• are not excluded by the bill’s exceptions.

Limits on enforcement

The bill says people would not face criminal or civil enforcement under this section based only on:

• purchase,
• receipt,
• simple possession, or
• personal use.

Enforcement would focus on commercial conduct such as manufacturing and distribution, not ordinary personal possession alone.

It also says enforcement would only apply to the portion of a substance that is actually part of commercial distribution. Possession for research, testing, forensic work, or other noncommercial purposes would not by itself trigger enforcement under this section.

Exceptions

The bill would exclude certain substances from the new enforcement definition, including:

• FDA-approved drugs;
• substances not intended for human consumption;
• naturally occurring plant, fungus, or botanical constituents, unless they have been intentionally isolated, enriched, concentrated, chemically converted, or added to a product for human use;
• substances held for legitimate scientific, medical, forensic, analytical, or law-enforcement purposes; and
• substances later exempted by the Attorney General through regulation.

Effect on state authority

The bill would not change state law authority. It says state attorneys general and other state officials would keep whatever power they already have under state law.

Relevant Companies

None found