WASHINGTON – The Senate overwhelmingly passed the HALT Fentanyl Act on Friday, which would permanently classify fentanyl and its analogs as Schedule I drugs—the highest classification for substances with no accepted medical use and a high potential for abuse. The drugs had already been temporarily placed on the list since 2018, but that designation was set to expire at the end of the month.
“In other words, fentanyl analogues would be permanently listed as the deadliest type of drug,” said Senate Majority Leader John Thune (R-S.D.). “That would ensure that law enforcement agencies have the greatest flexibility to combat the scourge of fentanyl and hold accountable those who trade in destroying lives.”
The bill passed the Senate on an 84-16 vote, with all the nay votes from Democrats. Fentanyl, a synthetic opioid, is at the center of the U.S. drug overdose crisis. While the drug is legally used as a painkiller, illicit versions have flooded the country, leading to a surge in overdose deaths. Congress has struggled for years to pass legislation making its Schedule I status permanent.
Supporters of the bill say it would not affect legal fentanyl used in medical settings or hinder research.
“The fentanyl crisis affects every corner of society and every state in the union, and my state of South Dakota is no exception. Last year, in Sioux Falls, police seized enough fentanyl to kill 2.5 million people – 2.5 million. That was in just one South Dakota city,” said Thune.
However, some Democrats opposed the legislation, arguing it could lead to over-incarceration instead of addressing the root causes of addiction.
“Harsh federal drug laws and mandatory minimums have caused the federal prison population to explode. The flawed legislation passed in the Senate today threatens to repeat the same mistakes that were made with the so-called ‘war on drugs.’ To address fentanyl-related deaths, we strongly believe in health-based approaches that are effective in addressing this public health crisis,” said Jesselyn McCurdy, executive vice president for government affairs at The Leadership Conference on Civil and Human Rights.
The bill now heads to the House of Representatives, which passed similar legislation earlier this year.