HALT Fentanyl Act
Latest Action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Official Summary
Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term). Additionally, the bill establishes a new, alternative registration process for certain schedule I research. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances,waiving the requirement for a new inspection in certain situations, andallowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.Finally, the bill expresses the sense that Congress agrees with the interpretation of Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.
GovScope Watchdog™
AI Government Intelligence™The HALT Fentanyl Act permanently classifies fentanyl-related substances as Schedule I controlled substances under the Controlled Substances Act, indicating these substances have a high potential for abuse and no accepted medical use. The bill aligns penalties for fentanyl-related substances with those for fentanyl analogues, including mandatory minimum prison terms for certain quantities. It also introduces a new registration process for certain Schedule I research activities and modifies existing registration requirements to facilitate research, such as allowing a single registration for related sites and waiving some inspection requirements. Additionally, the bill expresses congressional agreement with a 2018 court interpretation regarding the classification of fentanyl analogues.
This bill strengthens federal controls on fentanyl-related substances by permanently scheduling them as Schedule I drugs and adjusts research registration processes to accommodate scientific study while maintaining strict penalties for trafficking.
- Permanently places fentanyl-related substances into Schedule I of the Controlled Substances Act.
- Establishes penalties for fentanyl-related substance offenses based on quantity thresholds similar to fentanyl analogues, including a 10-year mandatory minimum for offenses involving 100 grams or more.
- Creates a new alternative registration process for certain Schedule I research and modifies existing registration requirements to streamline research activities.
- Expresses congressional agreement with the legal interpretation from United States v. McCray regarding fentanyl analogues classification.
['Federal law enforcement agencies enforcing controlled substance regulations', 'Researchers conducting studies on Schedule I substances under the new registration provisions', 'Judicial system through clarified legal standards for fentanyl-related offenses']
['Implementation challenges related to the new alternative registration process for Schedule I research and coordination among research sites', 'Potential administrative burden on researchers due to changes in registration and inspection requirements', 'Enforcement complexities arising from aligning fentanyl-related substances with fentanyl analogues in penalty structures']
The bill was introduced in the House during the 119th Congress and has passed the Senate, reflecting legislative efforts to address the opioid crisis by targeting fentanyl and its related substances. The bill also references a 2018 court case to clarify legal interpretations under the Controlled Substances Act. The latest action was referral to the Senate Judiciary Committee after being read twice in the Senate.
Hidden impact flags detected: 2
GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Potential increase in research activity due to streamlined registration and inspection processes for Schedule I substances.', 'Possible shifts in law enforcement resource allocation to address fentanyl-related substance offenses under the new classification and penalty structure.', 'Clarification of legal standards may influence prosecution strategies and judicial outcomes related to fentanyl analogues.']
The bill includes significant changes to research registration processes that warrant monitoring for administrative impact and compliance. The imposition of mandatory minimum penalties tied to specific quantity thresholds should be tracked for effects on sentencing patterns. Transparency around enforcement and research regulation implementation will be important to assess the bill's operational impact.
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