S.165 - Stopping Overdoses of Fentanyl Analogues Act (119th Congress)
Summary
S.165, the "Stopping Overdoses of Fentanyl Analogues Act," aims to combat the opioid crisis by amending the Controlled Substances Act to classify fentanyl-related substances as Schedule I controlled substances. This would grant law enforcement greater authority to prosecute those involved in the manufacturing, distribution, and trafficking of these substances. The bill defines fentanyl-related substances based on their structural similarity to fentanyl, covering a broad range of analogues.
Expected Effects
The primary effect of this bill would be to make it easier to prosecute individuals dealing in fentanyl analogues. This could lead to a reduction in the availability of these drugs. It may also lead to increased penalties for those convicted of offenses involving fentanyl-related substances.
Potential Benefits
- Reduced availability of fentanyl analogues, potentially decreasing overdose deaths.
- Increased ability of law enforcement to prosecute those involved in the fentanyl trade.
- Deterrent effect on the manufacturing and distribution of fentanyl analogues.
- Could lead to a decrease in crime rates associated with drug use.
- May improve public health outcomes by reducing opioid addiction rates.
Potential Disadvantages
- Potential for over-criminalization and disproportionate sentencing, especially for low-level offenders.
- The broad definition of fentanyl-related substances could inadvertently include legitimate research compounds or pharmaceuticals.
- Increased strain on the justice system due to a rise in drug-related cases.
- May lead to the development of new, unregulated synthetic opioids to circumvent the law.
- Could exacerbate racial disparities in drug arrests and convictions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Constitution's implied power to regulate interstate commerce, as drug trafficking often crosses state lines. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the authority to regulate activities that substantially affect interstate commerce. However, concerns may arise regarding the Eighth Amendment's prohibition of cruel and unusual punishment if penalties are excessively harsh, and the Fifth Amendment's due process clause if the definition of "fentanyl-related substances" is overly broad or vague.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).