Biden Administration’s Fentanyl Proposal Would Create Severe Criminal Penalties for People Struggling with Addiction and Restrict Research

Washington, D.C. – Yesterday, the Biden-Harris Administration announced a proposal to counter fentanyl and synthetic drugs. In addition to providing support for tools to detect illicit drugs, the proposal would permanently designate fentanyl-related substances (FRS) as Schedule I drugs and xylazine as a Schedule III drug on the Controlled Substances Act (CSA), both of which would impose severe criminal penalties on people who use drugs and block research that could lead to lifesaving overdose interventions.

In response to today’s proposal, Maritza Perez Medina, Director, Federal Affairs at the Drug Policy Alliance (DPA), released the following statement:

“With this proposal, unfortunately, the Administration is doubling down on the same failed drug war tactics of the past, rather than prioritizing the public health strategies that will actually save lives. We know that supply-side strategies and criminalization only exacerbate negative health outcomes and create further barriers to treatment, housing, and stability. After more than 50 years of a failed drug war, illicit drugs are still widely available, and the illicit drug supply is deadlier than ever. A focus on enforcement has led to the development of more potent drugs that are harder for law enforcement to detect. Since fentanyl-related substances were criminalized at the federal level in 2018, overdose rates have only increased, from 67,367 overdose deaths in 2018 to 107,941 in 2022.

“This ineffective proposal would also hinder efforts to deliver evidence-based health services to people in need. Permanently scheduling xylazine and fentanyl-related substances restricts research, which would make it more difficult to better understand how to treat people with substance use disorder and prevent overdose deaths involving these drugs. With thousands of lives at stake, it is imperative for the Administration and Congress to focus on evidence-based solutions that save lives, rather than disproven tactics as a false promise of change. We urge the Administration to support–and Congress to pass–legislation that utilizes evidence-based health approaches to the overdose crisis that are proven to work, such as the TEST Act, the Stop Fentanyl Overdoses Act, The Reentry Act, the Modernizing Opioid Treatment Access Act, and the CARE Act.”

Background:

• S.1950, Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act (TEST Act) of 2023: Allows the Drug Enforcement Administration (DEA) to place new fentanyl-related substances (FRS) in Schedule I for up to four years, during which time the Department of Justice (DOJ) and Health and Human Services (HHS) would have to conduct a scientific and medical evaluation of each substance, publicly report the findings, and deschedule or reschedule FRS where appropriate.

• H.R.3375 and S.1785, Stop Fentanyl Overdoses Act of 2023: Improves surveillance and detection of fentanyl and enhances evidence-based public health approaches to opioid overdose and substance use disorders.

• H.R.2400 and S.1165, The Reentry Act of 2023: Allows Medicaid to cover health services during the last 30 days of incarceration and create better linkages to community-based care during reentry.

• H.R.1359 and S.644, Modernizing Opioid Treatment Access Act (MOTAA): Waives provisions of the Controlled Substances Act (CSA) requiring qualified practitioners to obtain a separate registration from the DEA to prescribe and dispense methadone. It also would allow DEA-registered addiction specialist physicians to prescribe methadone for the treatment of Opioid Use Disorder and patients to pick up this medication in pharmacies.
• S.4286, Comprehensive Addiction Resources Emergency Act (CARE): Would authorize $125 billion over ten years to prevent substance use disorder while expanding access to evidence-based treatments and recovery support services.

Learn more about why we need a health approach to fentanyl. 

### 

About the Drug Policy Alliance 

The Drug Policy Alliance is the leading organization in the U.S. working to end the drug war, repair its harms, and build a non-punitive, equitable, and regulated drug market. We envision a world that embraces the full humanity of people, regardless of their relationship to drugs. We advocate that the regulation of drugs be grounded in evidence, health, equity, and human rights. In collaboration with other movements and at every policy level, we change laws, advance justice, and save lives. Learn more at drugpolicy.org.