Heinrich introduced the legislation last week to permanently place fentanyl-related substances into Schedule I of the Controlled Substances Act, help law enforcement combat fentanyl trafficking, and advance scientific and medical research
WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) announced that his Halt All Lethal Trafficking of (HALT) Fentanyl Act to permanently classify fentanyl-related substances (FRS) as Schedule I drugs, under the Controlled Substances Act, passed the U.S. House of Representatives. This permanent scheduling will give law enforcement the tools they need to keep extremely lethal and dangerous drugs off our streets and ensure scientists can research and better understand these substances.
Last week, Heinrich, with U.S. Senators Bill Cassidy (R-La.) and Chuck Grassley (R-Iowa), introduced the HALT Fentanyl Act in the Senate. The bill now awaits Senate passage, before heading to the President’s desk.
“I’m pleased that my HALT Fentanyl Act is one step closer to becoming law,” said Heinrich. "I urge my Senate colleagues to swiftly bring the legislation to the floor for passage. It is urgently needed to help our law enforcement personnel crack down on illegal trafficking, get deadly fentanyl out of our communities, and save lives.”
The HALT Fentanyl Act is endorsed by the Drug Enforcement Association of Federal Narcotics Agents, the Association of State Criminal Investigative Agencies, the Major County Sheriffs of America, the National Alliance of State Drug Enforcement Agencies, the National High Intensity Drug Trafficking Area Directors Association, the National Narcotic Officers' Associations' Coalition, and the National District Attorneys Association, as well as state and local law enforcement across New Mexico.
“Fentanyl has negatively impacted the city of Las Cruces in significant ways. In the past five years, we have experienced a substantial increase in crime, homelessness, and quality of life issues. I firmly believe fentanyl has been the biggest driver of these issues. It is time to take meaningful action to reverse the harm caused by this illicit substance,” said Jeremy Story, Chief of the Las Cruces Police Department.
"Like any illegal substance, whether it be opioids or fentanyl use, there are no easy or quick solutions and often combatting their abuse requires a multi-layered approach. The HALT Fentanyl Act is just that, which is why I fully support it. We may be inclined to not concern ourselves with research, for example, but those trafficking in this market do concern themselves with research. Let us endorse this bigger picture approach to help combat fentanyl use in our country," said Kim Stewart, Doña Ana County Sheriff.
“The HALT Fentanyl Act is another tool to go after transnational gangs and help make our community safer. Legislation is key for law enforcement to do their job,” said John Allen, Bernalillo County Sheriff.
Background:
The Centers for Disease Control and Prevention (CDC) estimates that there were 107,543 overdose deaths in the United States in 2023. Fentanyl and fentanyl-related substances accounted for nearly 75,000 of those deaths. Since 1999, the overdose crisis has increasingly been characterized by deaths involving these illicitly manufactured synthetic opioids, such as fentanyl-related substances (FRS), which are commonly sold through illicit drug markets for their fentanyl-like effect, and are often mixed with heroin or other drugs, such as cocaine, or pressed in to counterfeit prescription pills. During this same period, overdose deaths involving synthetic opioids (excluding methadone) increased 103-fold. By comparison, overdose deaths involving heroin and prescription opioids increased 2.5-fold and 4.1-fold, respectively.
Traffickers are continually altering the chemical structure of fentanyl to evade regulation and prosecution, sometimes with tragic results. Since 2013, China has been the principal source of fentanyl, fentanyl-related substances, and the precursor chemicals from which they are produced. Chinese product is commonly shipped to Mexico and smuggled into the U.S’s illicit drug market. Traffickers have favored fentanyl-related substances to skirt around committing the crime of trafficking fentanyl and fentanyl analogues. In 2023, the Drug Enforcement Administration (DEA) seized nearly 12,000 pounds of illicit fentanyl, including fentanyl powder and more than 78 million pills laced with illicit fentanyl. The 2023 seizures were equivalent to more than 388.8 million lethal doses of fentanyl.
In 2018, as an initial response to this unprecedented crisis, the DEA issued a temporary scheduling order that placed FRS in Schedule I, under the Controlled Substances Act (CSA), after classifying it as an imminent hazard to public safety. Previously, Congress has only closed this loophole temporarily by designating fentanyl-related substances as Schedule I drugs. Congress has extended the FRS temporary scheduling order several times, most recently on December 21, 2024, with a measure that expires on March 31, 2025.
Heinrich’s HALT Fentanyl Act would finally make permanent the scheduling of illicitly produced fentanyl-related substances as Schedule I drugs and streamline the regulatory process for scientists seeking approval from the U.S. Department of Health and Human Services (HHS) to research Schedule I substances.
Clear and Enforceable Criminal Penalties for Fentanyl Trafficking:
A permanent scheduling of FRS is necessary to make penalties for criminals clear and enforceable under the Drug Enforcement Administration (DEA), reducing the supply and availability of illicitly manufactured FRS. The HALT Fentanyl Act places the strongest controls and penalties on FRS, which have no accepted medical use and a high abuse potential.
Specifically, the HALT Fentanyl Act will permanently impose the following quantity-based federal trafficking penalties on FRS:
Mandatory minimum penalties: 5 years for 10 grams or more (10 years for second offense); and 10 years for 100 grams or more (20 years for second offense).
Discretionary maximum penalties: 40 years for 10 grams or more (life for second offense); and life for 100 grams or more.
Expanded Scientific and Medical Research
More closely aligning the research and registration process for schedule I substances, including FRS, with Schedule II substances will facilitate increased FRS research. By accommodating more medical research into fentanyl-related substances, the bill would establish a new, streamlined registration process for research funded by the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), or under an Investigative New Drug (IND) exemption from the Food and Drug Administration (FDA).
Specifically, the HALT Fentanyl Act will enhance our understanding of these illicitly manufactured substances by:
Allowing researchers in the same institution to participate in multiple scientific studies.
Permitting researchers with ongoing studies to examine newly added schedule I substances.
Allowing researchers to manufacture small quantities of FRS without a separate registration.
Full text of the HALT Fentanyl Act can be found here.
A section-by-section summary of the HALT Fentanyl Act can be found here.
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