S.331 - Halt All Lethal Trafficking of Fentanyl Act; HALT Fentanyl Act (119th Congress)
Summary
The HALT Fentanyl Act aims to combat the fentanyl crisis by amending the Controlled Substances Act. It introduces class-wide scheduling for fentanyl-related substances, treating them as Schedule I drugs. This allows for quicker action against new fentanyl analogs by avoiding the need to individually schedule each one.
The act also streamlines research on Schedule I controlled substances, including fentanyl, by creating alternative registration processes. This includes expedited procedures for researchers already registered for Schedule I or II substances, and new registration pathways for those who are not.
Furthermore, the act includes provisions for technical corrections to previous legislation, rulemaking procedures, and increased penalties for trafficking fentanyl-related substances. It also clarifies the definition of 'fentanyl-related substance' within the Controlled Substances Act.
Expected Effects
This act will likely lead to a reduction in the availability of fentanyl-related substances due to stricter regulations and increased penalties. It will also likely increase the pace of research into fentanyl and related substances due to the streamlined registration processes.
Law enforcement will have broader authority to prosecute fentanyl-related offenses, potentially leading to more convictions and longer sentences. The expedited research processes could accelerate the development of treatments for fentanyl overdose and addiction.
Potential Benefits
- Reduced availability of fentanyl: Class-wide scheduling makes it easier to control fentanyl analogs.
- Increased penalties: Deters trafficking of fentanyl-related substances.
- Streamlined research: Facilitates the development of treatments and countermeasures.
- Improved public safety: Reduces the risk of overdose and death related to fentanyl.
- Clarity in legal definitions: Provides a clear definition of 'fentanyl-related substance' for law enforcement and the courts.
Potential Disadvantages
- Potential for over-criminalization: Broad definition of 'fentanyl-related substance' could lead to unintended consequences.
- Impact on legitimate research: Stricter regulations could hinder some research activities, despite the streamlined processes.
- Increased burden on law enforcement: Requires increased resources for enforcement and prosecution.
- Potential for disproportionate impact on certain communities: Drug laws can disproportionately affect marginalized groups.
- Unintended consequences: The broad scheduling could impact substances with legitimate uses.
Most Disadvantaged Areas:
Constitutional Alignment
The HALT Fentanyl Act primarily aligns with the Commerce Clause (Article I, Section 8, Clause 3) by regulating the interstate and international trafficking of controlled substances. It also aligns with the Necessary and Proper Clause (Article I, Section 8, Clause 18), granting Congress the power to enact laws necessary for carrying out its enumerated powers, such as regulating commerce and providing for the general welfare.
The act's provisions regarding research and registration processes do not directly implicate specific constitutional rights. However, the potential for over-criminalization raises concerns about due process and potential violations of the Eighth Amendment's prohibition against cruel and unusual punishment.
Overall, the act appears to be within the constitutional authority of Congress, but careful implementation is needed to avoid infringing on individual rights.
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).