SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2398
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2398, as amended, would amend the definitions of
manufacture and drug paraphernalia; add the definition of
fentanyl-related controlled substances; increase the penalty
for the unlawful manufacturing of fentanyl; and create a
special sentencing rule for the distribution of fentanyl.

Definitions
The bill would amend the definition of “manufacture” to
include placing a controlled substance into a pill or capsule
form.
The bill would amend the definition of “drug
paraphernalia” to exclude tests used to detect the presence
of fentanyl, ketamine, or gamma-hydroxybutyric acid (GHB).
The bill would add the definition of “fentanyl-related
controlled substances” in the Kansas Criminal Code to the
following Schedule I controlled substances:
● Acetyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
● Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-
phenylacetamide);
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● Acryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide;
acryloylfentanyl);
● Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine);
● Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
● Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-
phenylpropanamide;
● Beta-hydroxy-3-methylfentanyl
(other name: N-[1-(2-hydroxy-2-phenethyl)-3-
methyl-4-piperidinyl]-N-phenylpropanamide;
● Beta-hydroxythiofentanyl
(N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-
yl]-N-phenylpropionamide);
● Butyryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide);
● Crotonyl fentanyl
((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-
enamide);
● Cyclopentyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopentanecarboxamide);
● Cyclopropyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide);

2- 2398
● Furanyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-
carboxamide);
● Isobutyryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylisobutyramide);
● Methoxyacetyl fentanyl
(2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-
phenylacetamide);
● 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);
● 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
● Ocfentanil
(N-(2-fluorophenyl)-2-methoxy-N-(1-
phenethylpiperidin-4-yl)acetamide);
● Ortho-fluorofentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)propionamide; 2-fluorofentanyl);
● Para-chloroisobutyryl fentanyl
(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-
yl)isobutyramide);
● Para-fluorobutyryl fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide);
● Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propenamide;

3- 2398
 ● Para-fluoroisobutyryl fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)isobutyramide, 4-fluoroisobutyryl fentanyl);
● Para-methoxybutyryl fentanyl
(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide);
● Tetrahydrofuranyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenyltetrahydrofuran-2-carboxamide);
● Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;
● Valeryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylpentanamide);
● N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts and salts
of isomers; or
● N-[1-(2-thienyl)methyl-4-piperidyl]-N-
phenylpropanamide (thenylfentanyl), its optical
isomers, salts and salts of isomers.
The bill would add the definition of “fentanyl-related
controlled substances” in the criminal code to the following
Schedule II controlled substances:
● Alfentanil;
● Carfentanil;
● Fentanyl;
● Sufentanil;
● Remifentanil;
4- 2398
 ● Thiafentanil;
● Immediate precursor to fentanyl 4-anilino-N-
phenethylpiperidine (ANPP); or
● Immediate precursor to fentanyl N-phenyl-N-
(piperidin-4-yl)propionamide (norfentanyl).
Increased Criminal Penalty
The bill would amend the crime of manufacturing a
controlled substance to make the manufacturing of a fentanyl-
related controlled substance a drug severity level 1 felony.
[Note: Current law states that manufacturing of a controlled
substance is a drug severity level 2 felony.]

Special Sentencing Rule
The bill would create a special sentencing rule for the
penalty for the crime of manufacturing material that contains
any quantity of fentanyl-related controlled substances; it
would include presumptive imprisonment and two times the
maximum duration of the presumptive sentence term. The
sentence would not be considered a departure and would not
be subject to appeal.
The bill would also make a technical amendment to
reconcile amendments made by the 2022 Legislature by
removing the definition of the term “possession” from KSA 21-
5701 and by repealing KSA 21-5701b.

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice by Representative
Schlingensiepen at the request of Representative Probst.

5- 2398
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 14, 2023,
representatives of Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, Kansas Sheriffs
Association, and Wichita Police Department testified as
proponents of the bill, noting the current illicit fentanyl crisis
created a need for this legislation.
No other testimony was provided.
The House Committee amended the bill by inserting the
contents of 2023 HB 2328 to exclude tests that can detect
fentanyl and other controlled substances from the definition of
drug paraphernalia.
HB 2328
HB 2328 was introduced by the House Committee on
Corrections and Juvenile Justice by Representative
Schlingensiepen at the request of Representative Probst.
Proponent testimony was provided by representatives
of the Association of Community Mental Health Centers of
Kansas, BrightHouse, Cooper Davis Memorial Foundation,
the Unified Government of Wyandotte County Public Health
Department, and a private citizen. Written proponent
testimony was provided by Representative Probst and
representatives of DCCCA, Johnson County Mental Health,
City of Wichita, and private citizens. No other testimony was
provided.

Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the Kansas Sentencing
Commission indicates enactment of the bill would cause no
change in number of adult prison beds by the end of FY
2024. The Department of Corrections indicates that
6- 2398
enactment of the bill would have no fiscal effect. The Office of
Judicial Administration indicates there would be no fiscal
effect on the Judicial Branch with enactment of the bill.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Fentanyl; drug manufacture; drug paraphernalia; fentanyl test; fentanyl-related
controlled substances; special sentencing rule; distribution of fentanyl


7- 2398


Statutes affected:
As introduced: 21-5701b, 21-5701, 21-5703, 65-4161, 65-4163, 21-36a05, 21-5705, 21-6805
As Amended by House Committee: 21-5701, 21-5703, 65-4161, 65-4163, 21-36a05, 21-5705, 21-6805, 21-5701b