WASHINGTON, DC – The U.S. Senate voted 84-16 to pass a bipartisan bill last week that will permanently classify fentanyl-related substances, or ‘copycat’ fentanyl knock-offs, as Schedule I substances under the Controlled Substances Act.  The current temporary Schedule I classification will expire this fall unless the U.S. House of Representatives takes action, approves the bill, and sends it to the president’s desk to be signed into law.

U.S. Senator Jack Reed joined 83 of his Senate colleagues in voting to pass the bipartisan Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act (S.331) to ensure law enforcement and prosecutors continue to have a key tool needed to combat the scourge of crime, overdoses, and deaths caused by fentanyl and fentanyl-related substances.

The HALT Fentanyl Act aims to close loopholes exploited by drug traffickers who smuggle substances with chemical compositions similar to fentanyl but are different enough to evade legal penalties.  The bill also ensures researchers can continue to test fentanyl-related substances and incentivizes medical research to benefit patients with conditions such as advanced cancer and neurological disorders and ensure they are able to access necessary opioid therapies.

“I voted for the HALT Fentanyl Act to help save lives and close loopholes that cartels and drug smugglers have exploited to flood our communities with deadly fentanyl and fentanyl copycats.  This isn’t about going after low-level dealers or putting more people in jail.  Rather, it gives law enforcement the tools they need to stop cross-border traffickers, combat cartels, and keep lethal drugs off our streets while also allowing researchers to study and develop new strategies for preventing overdoses and treating addiction,” said Reed, a co-leader of the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, a sanctions and anti-money laundering law aimed at combatting the fentanyl crisis.

In addition to retaining Schedule I status for street fentanyl and fentanyl-related substances, the legislation includes provisions related to fentanyl research, controlled substance dispensing, and criminal penalties for fentanyl-related substance crimes.  Lawful fentanyl uses for currently-accepted medical practices would retain its Schedule II classification.

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

An epidemic of synthetic opioids, including illegal fentanyl largely manufactured in Mexico from raw materials supplied by China, have made overdoses the leading cause of death among Americans 18 to 45 years old. 

The U.S. 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.

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 fentanyl product is commonly shipped to Mexico and smuggled into the U.S.

Traffickers have favored fentanyl-related substances to try and skirt current U.S. laws against 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 nearly 389 million lethal doses of fentanyl.

A similar version of the bill passed the House last month on a vote of 312-110.  The amended version that passed the Senate must now be approved by the full U.S. House of Representatives.