The PRESS Act establishes a new federal crime and associated penalties for manufacturing or distributing drug-making equipment with the intent that it will be used to produce drugs illegally imported into the United States.
Addison McDowell
Representative
NC-6
The PRESS Act establishes a new federal crime for manufacturing or distributing equipment used to make illegal drugs if that equipment is intended for substances that will be unlawfully imported into the United States. This legislation amends the Controlled Substances Act to create specific prison sentences for these supply chain offenses. The Act also directs the Sentencing Commission to update federal guidelines to reflect these new penalties.
The PRESS Act (Preventing Rogue Equipment for Synthetic Substances Act) creates a new federal crime for manufacturing or distributing specific tools used in drug production—like pill presses and capsule fillers—if the seller knows or has 'reasonable cause to believe' they will be used to make illegal drugs for U.S. import. Under this bill, supplying a single tableting machine or even gelatin capsules with the intent that they help fuel the illegal drug trade can lead to significant prison time. The legislation specifically amends the Controlled Substances Act to give the U.S. government extraterritorial jurisdiction, meaning they can go after people outside our borders who are providing the hardware used to manufacture synthetic substances destined for American streets.
This bill focuses on the 'middlemen' of manufacturing—the people selling the gear. If you are in the business of distributing industrial equipment like press punches, die systems, or encapsulating machines, the stakes just got much higher. Section 2 of the bill sets a baseline maximum of 8 years in prison for violating these new rules. However, if the case involves more than 100 machines or more than 1,000 kilograms of a chemical product, that maximum jumps to 15 years. For those dealing with 'List I' chemicals—the high-priority precursors—the penalty can reach up to 20 years. This isn't just about the drugs themselves; it’s about the machinery that makes mass production possible.
One of the trickier parts of this bill is the 'reasonable cause to believe' standard. For a small business owner or a logistics worker in the shipping industry, this creates a bit of a legal gray area. How much do you need to know about a buyer before you ship a crate of empty gelatin capsules? The bill doesn't provide a checklist for 'due diligence,' which means prosecutors have a lot of room to interpret whether a seller should have known their customer was up to no good. While the goal is to stop rogue labs, the reality is that legitimate manufacturers of pharmaceutical or supplement equipment might find themselves looking over their shoulders or facing massive legal fees to prove they didn't have 'reasonable cause' to suspect a buyer's motives.
By establishing extraterritorial jurisdiction, the U.S. is essentially telling the world that if you sell a pill press in another country knowing it’s headed for a cartel making fentanyl for the U.S. market, you are now under the thumb of American law. For the average person, this might mean a squeeze on the availability of certain industrial parts or higher costs for legitimate supplement manufacturers as compliance and vetting processes get more intense. The bill also tasks the U.S. Sentencing Commission with rewriting federal guidelines to ensure these new 8-to-20-year terms are strictly enforced. It’s a major shift from targeting the finished product to targeting the tools of the trade, and it puts anyone in the industrial supply chain on notice.