The bill seeks to tighten regulations on fentanyl-related substances, impacting their manufacturing, distribution, and use to curb illicit trade and usage. It also streamlines the registration process for researchers handling Schedule I controlled substances, aiming to expedite research while ensuring compliance. The bill introduces rules and penalties related to fentanyl and its related substances, requiring the Attorney General to issue implementation rules and imposing penalties for importation and exportation. Overall, the bill aims to strengthen control over fentanyl-related substances and streamline the research process, impacting law enforcement efforts and public health and safety.
Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act
This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.
Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term).
Additionally, the bill establishes a new, alternative registration process for certain schedule I research.
The bill also makes several other changes to registration requirements for conducting research with controlled substances, including
- permitting a single registration for related research sites in certain circumstances,
- waiving the requirement for a new inspection in certain situations, and
- allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.
Finally, the bill expresses the sense that Congress agrees with the interpretation of the Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.