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.
HALT Fentanyl Act (Halt All Lethal Fentanyl Trafficking Act) passed the Senate with 312-108 votes on Thursday. Now it will be sent to the Senate, where they can consider this bill before possibly sending it to Donald Trump.
This measure will classify fentanyl and its analogues as Schedule I substances under the Controlled Substances Act. Analogues have not been shown to pose the same risk as the world’s most potent opioid. The scheduling decision, say advocates, would result in increased mandatory sentences and reflect an outdated war on drugs mentality. This would lead to mass imprisonment.
HALT Fentanyl Act has been approved for the second consecutive time by the House. Advocates continue to criticize the proposal.
Maritza Perez-Medina, Director of Federal Affairs for the Drug Policy Alliance(DPA), stated in a release that “the HALT fentanyl law will stop health initiatives that our communities require to remain alive.”
She said that the bill would “block health solutions for the overdose epidemic, increase racial inequalities within the criminal justice system and create an unknown, potent drug supply.” We call on the Senate not to support these harmful efforts, but to instead find health solutions to save lives. These include expanding access to medication for those with opioid addiction, making effective treatment available and allowing research testing substances to determine their potential benefits or harm.
Lt. Diane Goldstein (Ret.Executive director of Law Enforcement Action Partnership, LEAP said that she understood the urgency and pain many families are feeling in this time of crisis. “As a former police officer, I realize that punishment will not solve this issue.”
“Increasing the penalties for fentanyl will not deter behaviour.” “It will make them even less likely than before to call 911 when they are experiencing an overdose,” said the woman. “Mandatory minimums too often end up punishing low-level drug users—not kingpins—and diverting precious resources toward prosecution and incarceration instead of treatment. Instead of doubling down, we should focus on increasing public health interventions and saving lives.
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HALT Fentanyl Act also contains provisions to accelerate registrations of research on Schedule I substances such as cannabis.
Several of the provisions in this bill that relate to research are the same as those found in a measure focusing on marijuana which President Joe Biden passed into law in 2020.
According to the law, a researcher who has been registered by the Drug Enforcement Administration to conduct research on Schedule I or II drugs must have his/her request evaluated within 30 days after sending a notification to the Justice Department.
Non-registered candidates must submit their application within 45 days from the date of notification.
This measure allows for the expedited handling of research conducted by or funded through federal agencies such as U.S. Department of Health and Human Services.
Further, this bill states that all researchers participating in a study approved of Schedule I substances will not need to register twice if they are part of the exact same research institute.
There is a special exemption to cannabis manufacturing. This would allow researchers to manufacture controlled substances in a limited manner.
Anyhow, supporters and stakeholders alike are relieved that Rep. Andrew Clyde’s proposed amendment (RGA) was not included in the legislation. The amendment had been intended to undermine the ongoing process of rescheduling marijuana. The amendment was withdrawn by the congressman before a House Rules Committee meeting last week.
Separate Democratic amendments from those that were cleared for consideration on the floor would have deferred the bill’s passage until the Attorney General and Secretary of U.S. Department of Health and Human Services could certify it “would lead to a decrease in overdose death.” The amendment was rejected in the end.
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