BILL: Make Fentanyl a Schedule I Drug? - Halt Fentanyl Act - H.R.467

The Bill

H.R.467 - HALT Fentanyl Act

Bill Details

• Sponsored by Rep. H. Morgan Griffith (R-Va.) on Jan. 24, 2023
• Committees: House - Energy and Commerce; Judiciary | Senate - Judiciary
• House: Passed 
• Senate: Not yet passed
• President: Not yet signed

Bill Overview

• If the act becomes law, fentanyl-related substances would be classified as Schedule I drug, meaning they have a high potential for abuse and no accepted medical use.

What's in the Bill?

Reclassifies fentanyl-related substances

• Fentanyl-related substances will be classified as Schedule I of the Controlled Substances Act under the bill. Schedule I controlled substances are drugs, substances, or chemicals that have a high potential for abuse and currently have no accepted medical value. 

Changes fentanyl-related penalties

• Under the bill, crimes involving fentanyl-related substances and fentanyl analogs will be subject to the same penalties (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term). 

Alters requirements for research

• Establishes a new registration requirement and process for researching fentanyl-related substances to understand their overall health effects better. The changes would expedite research into these substances.

Grants law enforcement with tool kits

• Provides police officers and other law enforcement with tools to help keep fentanyl or fentanyl-related substances off the streets.

What Supporters are Saying

• Republican supporters of the bill present it as a direct solution to combat the drug and fentanyl crisis, which saw over 70,000 deaths in 2021. Rep. Earl L. "Buddy" Carter (R-GA), a co-sponsor of the bill, said:

"The United States is facing a poisoning epidemic caused by illicit fentanyl and its related substances that are pouring over our southern border. I'm tired of hearing stories about mothers, fathers, daughters, and sons that lost their lives at the hands of this lethal drug. I'm proud that the House took this action today, which will undoubtedly save lives. The fight isn't over, our border is still unsecured, but this is a positive step that I hope the Senate will take up swiftly."

• The White House released a statement saying the Biden-Harris Administration has long supported the HALT Act. The statement reads: 

"The Administration calls on Congress to pass all of these critical measures to improve public safety and save lives."

What Opponents are Saying

• Over 100 Democrats opposed the legislation due to fears it could lead to unjust incarcerations and stop drug use in treating cancer pain.
• Numerous public health, criminal justice reform, and civil rights organizations have united in urging lawmakers to prioritize public health solutions instead of passing the bill.
• On the HALT Fentanyl Bill, Maritza Perez Medina, director of the Drug Policy Alliance, said: 

"Increasing drug war criminalization is a disproven, failed strategy. The goal is not to address the overdose crisis and keep people alive. The goal is to grandstand using 'tough-on-crime' rhetoric of the past to control communities and provide a false sense of safety."

• Rep. Frank Pallone Jr. (D-NJ) said during the floor debate:

"The American people deserve bipartisan solutions that address both public safety and public health. This bill fails on both fronts and simply continues the status quo, allowing opioid use disorder and the overdose crisis to continue to devastate American families across the nation."

Do you support or oppose the HALT Fentanyl Act?

-Laura Woods

(Photo Credit: Canva)