media@drugpolicy.org
Washington, D.C. – Today, the U.S. Senate passed the Halt All Lethal Trafficking of Fentanyl (HALT) Act (S. 331) in an 84-16 vote. The bill now heads back to the House for a procedural vote where it’s expected to pass again and then it will advance to President Trump who is expected to sign it into law. This bill permanently classifies all fentanyl-related substances (FRS) as Schedule I without testing for medical benefits, blocking research that could lead to new overdose treatments. It also entrenches and expands mandatory minimums, imposing harsh penalties that do not consider individual circumstances, while diverting resources from health solutions for fentanyl to criminalization.
In response to the Senate vote, the following non-partisan drug policy, parent, and law enforcement organizations released the following statements:
Maritza Perez Medina, Director of Federal Affairs at the Drug Policy Alliance:
“Congress should address Americans’ very valid concerns about fentanyl by prioritizing bills that advance health approaches that save lives and give people who are struggling a chance at recovery. Health and harm reduction interventions are responsible for the recent decrease in overdose deaths. This includes expanded access to evidence-based treatment and overdose prevention tools like naloxone which can reverse opioid/fentanyl overdose, fentanyl test strips which can detect fentanyl in drugs, and medications for opioid use disorder which can cut overdose risk in half and reduce cravings so people can stay alive and have a shot at recovery.
“Our elected leaders must invest more in these lifesaving health approaches, yet Congress is doing the opposite. Instead, they are set to make catastrophic funding cuts to essential health and addiction services to prioritize immigration enforcement—to the tune of $2 trillion. And they are doubling down on failed drug war approaches by passing misguided bills like the HALT Fentanyl Act which will block research that could lead to new lifesaving overdose treatments, expand harsh mandatory minimums, and divert resources from health solutions for fentanyl. When a previous version of this policy was passed in 2018, overdose deaths went up by 60% over four years. Americans believe in second chances and recovery, but that is only possible if people are alive. We are deeply disappointed to see Congress take this step backward, but we’ll continue to demand that federal lawmakers enact the health, harm reduction, and treatment services that Americans deserve to keep their loved ones safe from overdose and defend against punitive policies that cut people off from lifesaving services and support.”
Susan Ousterman, Founder of Vilomah Memorial Foundation, who lost her son to an accidental overdose in 2020:
“I lost my son to a fentanyl overdose and don’t want another parent to experience that pain. My son died because he couldn’t access the care he needed. It is deeply hypocritical for Congress to claim a commitment to reducing overdose deaths while continuing to pass legislation that prioritizes punitive measures over meaningful solutions. Instead of perpetuating cycles of stigma and incarceration, we should create pathways to healing and recovery by focusing on treatment, harm reduction, and the underlying social determinants of health. The actions of Congress must align with the commitments they made to families like mine to reduce these preventable deaths.”
Lt. Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership:
“I lost my brother to an overdose, so I understand the pain and urgency so many families feel amidst this crisis. As a retired police professional, I know we can’t punish our way out of this problem. Increasing penalties for fentanyl won’t deter behavior. If anything, it will only make people even less likely to call 911 in the event of an overdose. Mandatory minimums too often end up punishing low-level drug users—not kingpins—and diverting precious resources toward prosecution and incarceration instead of treatment. We should be focusing on saving lives by increasing access to public health interventions, not doubling down on the shortsighted strategy that got us here.”
A broad coalition of non-partisan drug policy, law enforcement, parent, criminal justice, civil rights, public health, and public policy research organizations have worked tirelessly to oppose this bill and successfully blocked the permanent classwide scheduling of FRS from becoming law over the last seven years. While today is a disappointing setback, the coalition will continue to demand that our federal leaders embrace health approaches that are proven to save lives and give people the services and support they desperately need.
About the HALT Fentanyl Act
This counterproductive bill would permanently schedule all fentanyl-related substances as Schedule I without first testing them for benefits or harm, blocking potential research that could uncover new overdose medications. It would also entrench and expand mandatory minimum sentences for fentanyl-related substances – harsh penalties that will shatter families and communities, allow for unjust sentences that do not consider individual circumstances, and divert resources away from health interventions that are desperately needed to curb the fentanyl driven overdose crisis.
The Trump administration first criminalized all fentanyl-related substances in 2018. Overdose deaths rose 60% in four years—from 67,367 deaths in 2018 to 107,941 in 2022. Instead of learning from this, Congress and the Trump administration are on track to make this policy permanent through the HALT Fentanyl Act.
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About the Drug Policy Alliance
The Drug Policy Alliance (DPA) addresses the harms of drug use and drug criminalization through policy solutions, organizing, and public education. We advocate for a holistic approach to drugs that prioritizes health, social supports, and community wellbeing. DPA opposes punitive approaches that destabilize people, block access to care, and drain communities of resources. We believe that the regulation of drugs should be grounded in evidence, health, equity, and human rights. In collaboration with other movements, we change laws, advance justice, and save lives.
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