The U.S. House of Representatives has passed a bill that would ramp up federal criminalization of fentanyl analogues—drawing sharp criticism from drug policy reform advocates, despite certain provisions that were included to streamline research into Schedule I drugs like marijuana and psychedelics.
The Halt All Lethal Trafficking of Fentanyl Act, or HALT Fentanyl Act, cleared the chamber in a 312-108 vote on Thursday. It now heads to the Senate for consideration before potentially heading to President Donald Trump.
The measure would classify fentanyl-related substances as Schedule I drugs under the Controlled Substances Act (CSA), including analogues that haven’t been proven to carry the same risks as the most well-known potent opioid. Advocates say the scheduling action would increase mandatory minimum sentences, reflecting an outmoded war on drugs mentality that would contribute to mass incarceration.
This marks the second time the House has approved the HALT Fentanyl Act. And advocates remain critical of the proposal.
Maritza Perez Medina, director of federal affairs at the Drug Policy Alliance (DPA), said in a press release that the “only thing the HALT Fentanyl Act will do is halt the health approaches that our communities need to stay alive.”
“This counterproductive bill will block health solutions to the overdose crisis, exacerbate racial disparities in the criminal legal system, and lead to an even more potent, unknown drug supply,” she said. “We call on the Senate to reject these dangerous efforts and save lives with health solutions that expand access to medications for opioid use disorder, make effective treatment more available, and allow research to test substances for potential benefit or harm.”
Lt. Diane Goldstein (Ret.), executive director of the Law Enforcement Action Partnership (LEAP) said: “I lost my brother to an overdose, so I understand the pain and urgency so many families feel amidst this crisis. But as a retired police professional, I know we can’t punish our way out of this problem.”
“Increasing penalties for fentanyl won’t deter behavior. If anything, it will only make people even less likely to call 911 in the event of an overdose,” she said. “Mandatory minimums too often end up punishing low-level drug users—not kingpins—and diverting precious resources toward prosecution and incarceration instead of treatment. We should be focusing on saving lives by increasing access to public health interventions, not doubling down on the shortsighted strategy that got us here.”
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Despite the bill’s main punitive-focused thrust, other provisions of the HALT Fentanyl Act that aim to expedite registrations for studies into Schedule I drugs such as marijuana.
Some of the research provisions of the bill are similar to those contained in a marijuana-focused measure that President Joe Biden signed into law in 2022.
Under the legislation, a research applicant who is actively registered with the Drug Enforcement Administration (DEA) to study Schedule I and II drugs would need to have their request assessed within 30 days of sending a notice to the Justice Department.
A non-registered applicant would have to have their submission considered within 45 days of sending the notice.
The measure also states that research that’s being conducted or funded by federal agencies like the U.S. Department of Health and Human Services (HHS) would qualify for expedited processing.
Further, the bill says that duplicative registrations would no longer be required for all researchers involved in an approved study of a Schedule I substance if they’re all part of the same research institution.
However, while it would also provide for the limited manufacturing of controlled substances by researchers, there’s a specific exemption for cannabis with respect to the manufacturing provisions.
In any case, advocates and stakeholders are at least relieved that the bill didn’t include a proposed amendment from Rep. Andrew Clyde (R-GA) that was aimed at undermining the ongoing marijuana rescheduling process. The congressman withdrew the amendment ahead of a House Rules Committee hearing last week.
A separate Democratic amendment from that was cleared for floor consideration would have delayed the bill’s enactment until the attorney general and secretary of the U.S. Department of Health and Human Services (HHS) could certify that it would “lead to a reduction in overdose deaths.” But it was ultimately rejected on the floor.
The post Advocates Push Senate To Reject Fentanyl Criminalization Bill That Passed House, Despite Provisions Streamlining Schedule I Drug Research appeared first on Marijuana Moment.
