119-s-5383119th CongressWALLET

End Gas Station Heroin Act

Sponsored By: Senator Moreno, Bernie [R-OH]

Introduced

Summary

Schedule I designation for certain synthetic opioids would be created under the Controlled Substances Act. The bill would also build a targeted enforcement regime aimed at commercial distribution of emerging synthetic opioids while carving narrow exemptions for some kratom products and for noncommercial scientific or personal possession.

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  • Families and kratom consumers: Kratom products could remain lawful only if they meet tight limits. The combined concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl must not exceed 1 milligram per gram for solids or 1 milligram per milliliter for liquids, and may not exceed 1 part per 100 parts mitragynine by mass.
  • Distributors and sellers: Covered emerging synthetic opioids would be treated as Schedule I for purposes of prohibiting knowing or intentional manufacture, importation, distribution, dispensing, or possession with intent to engage in those activities. The bill bars enforcement based solely on purchase, receipt, simple possession, or personal use and limits federal enforcement to quantities tied to commercial distribution.
  • Researchers, clinicians, and law enforcement: The bill excludes substances approved for medical treatment, items not intended for human consumption, naturally occurring constituents unless intentionally isolated or concentrated, and materials possessed or transferred solely for legitimate scientific or law enforcement purposes. It preserves existing Controlled Substances Act analogue authorities and does not preempt or limit State law enforcement.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Definition of covered synthetic opioids

If enacted, the bill would create a legal definition called "covered emerging synthetic opioid." A substance would qualify only if it is made for commercial distribution, is a chemically made opioid more potent than morphine by reliable evidence, is intended for people, is not FDA 505 approved, is not already scheduled, and is not excluded by the bill. Exclusions would include FDA- or CSA-approved drugs, natural plant constituents unless intentionally concentrated, and samples held only for legitimate scientific, medical, forensic, or law enforcement use.

Schedule I listing and kratom exemption

If enacted, the bill would add 7‑hydroxymitragynine and mitragynine pseudoindoxyl to Schedule I in all forms. Finished kratom products would remain lawful only if combined 7‑OH and mitragynine pseudoindoxyl are ≤ 1 milligram per gram for solids or ≤ 1 milligram per milliliter for liquids. The combined amount would also have to be ≤ 1 part per 100 parts mitragynine by mass. Any 7‑OH or mitragynine pseudoindoxyl made by synthesis, concentration, isolation, or other manufacturing would not qualify for the exemption.

Limits on enforcement for new opioids

If enacted, the bill would treat a covered emerging synthetic opioid as Schedule I only for knowing, commercial actions like manufacture, import, export, distribution, dispensing, or possession with intent. Federal penalties could not be based solely on purchase, receipt, simple possession, or personal use. Enforcement would be limited to quantities tied to commercial distribution. The Attorney General could still use analogue or other laws as appropriate, and the bill would not change state law.

Sponsors & CoSponsors

Sponsor

Moreno, Bernie [R-OH]

OH • R

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 9/29/2026

Roll Call Votes

No roll call votes available for this bill.

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