Drug policy reform advocates are condemning the House’s passage of a bill that would ramp up federal criminalization of fentanyl analogues–criticizing the move as a backwards, punitive response to the overdose crisis–even if it does contain additional provisions to streamline research into Schedule I drugs like marijuana and psychedelics.
The House passed the Halt all Lethal Trafficking in Fentanyl Act (HALT) on Thursday by a vote of 289 to 133. 74 Democrats joined the Republicans, except for one, in sending the bill to the Senate.
The Controlled Substances Act would include analogues of fentanyl that are not proven to be as dangerous as the well-known opioid. The scheduling action, say advocates, would result in increased mandatory minimum sentences and reflect an outdated war on drugs mentality. This would lead to mass incarceration.
Rep. Bonnie Watson Coleman, D-NJ, said after the vote: “It seems many of my fellow colleagues haven’t learnt the lessons from the failed drug war.” We’ve seen a massive increase in our prison population, and drug overdoses are on the rise. The overdose crisis in our country is not a criminal issue but a matter of public health.
Many of my colleagues don’t seem to have learned from the failed drug war.
Our prison population has exploded, and drug overdoses are on the rise.
Our nation’s overdose crisis is a public health issue, not criminal one.https://t.co/zEtgFRHruD pic.twitter.com/QweGik0Pgr
Rep. Bonnie Watson Coleman 25 May 2023 HTML0
Watson Coleman and Rep. Cori bush (D-MO released on Thursday a joint statement emphasizing the fact that “criminalization, drug use, possession and inequitable resources and militarization by police all have devastating impacts on Black and Brown communities, especially.”
The congresswomen stated that “without proper redress, structural solutions rooted on equity and public healthcare, lives will be put at risk. Families and communities in our country will also continue to destabilize.” “We have the opportunity to completely transform federal drug policies in our country. We must change our course to one of healing and compassion, not continuing down the path of failed policies in the past.
The House Rules Committee ruled that Rep. Matt Gaetz’s amendment to the bill was out of order earlier this week. A second amendment, which did not make it to the floor, would have required that a study be conducted on the prevalence of “fentanyl contaminated” cannabis.
The White House supported the passage of the legislation, which also includes provisions for a general streamlining of research on Schedule I drugs.
Rep. Thomas Massie, the only Republican to vote against the bill, stated that “instead of passing legislation that expands the failed War on Drugs we should focus on regaining operational controls of the border.” “Also, mandatory minimum sentences that are one size fits all are unwise and this bill increases their number.”
We should focus on regaining operational border control, not on passing legislation that will expand the failed War on Drugs. This bill also increases the number defendants who are subject to mandatory minimum sentences. pic.twitter.com/rDeSJ6G4UE
— Thomas Massie (@RepThomasMassie) May 25, 2023
A coalition of advocacy organizations, led by the Drug Policy Alliance(DPA), strongly criticised House vote and encouraged the Senate to reject this legislation.
Maritza Medina is the director of DPA’s federal affairs office. She said, “Our communities deserve to have real solutions to the overdose epidemic, and not just political grandstanding which will cost us even more lives.” “Yet sadly, by passing the HALT fentanyl act, the House appears intent on doubling-down on the same failed strategy that brought us to this point in the first place.”
While it may be politically expedient for the government to crackdown on fentanyl, and its analogs, we have seen time and time again that this will only cause more harm. She said that increasing criminal penalties and using mandatory minimums as the bill does has not reduced illicit drug supply or demand. It only increases racial inequality in the criminal justice system, creating conditions for a more powerful and unknown drug supply.
Laura Pitter said it was “sad” to see lawmakers return to over-criminalization when we have evidence of 50 years that the drug war has been a failure.
Pitter stated that “voting for this bill is a vote against science and evidence.” “We know that tougher criminal penalties did nothing to help address the overdose epidemic, which has only grown exponentially worse ever since Congress implemented the temporary scheduling policy for classes.” This would not only make the policy permanent, but also expand it.
The White House released a policy statement on Monday expressing its support for the legislation, which was approved by the House Energy & Commerce Committee back in March. It called upon “Congress” to pass these important measures to improve the public safety and to save lives.
But advocates like Law Enforcement Action Partnership (LEAP) Executive Director Lt. Diane Goldstein (Ret.) The bill’s opponents argue that it would have the opposite impact.
Goldstein stated that he understood the pain of many families who are experiencing this crisis in America. As a retired officer, I am aware that increasing the penalties for fentanyl could cost more lives. People will be more reluctant to call 911 when they see someone overdosing for fear of receiving a lengthy prison sentence.
Jesselyn McCurdy, of The Leadership Conference on Civil and Human Rights, said that “classwide scheduling” that is imposed by this bill will increase pretrial detention and mass incarceration in prisons, and create racial disparities. This bill also doubles down on an enforcement-first, fear-based response to a health issue.
Reform groups argue that rather than pass punitive legislation targeting all fentanyl and fentanyl related substances, lawmakers should support alternative solutions like the Support, Treatment, and Overdose Prevention of Fentanyl Act (STOP Fentanyl), which would increase access to harm-reduction services and substance abuse treatment resources.
Liz Komar, of The Sentencing Project, said: “Fifty-five years after mass incarceration began, it is evident that the War on Drugs harmed local communities.” “Harsh penalties don’t make us safer or save lives. We urge Congress not to forget the lessons from the 1980s and 1990s. Mandatory minimums will not solve the overdose crisis.
The HALT Fentanyl Act, which is primarily a punitive bill, also contains provisions that allow researchers to manufacture limited amounts of Schedule I drugs, and expedite the registration of studies. These provisions could help address concerns about how marijuana, psychedelics, and other substances have been classified in a way that has hindered science.
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Some research provisions in the bill are similar with those found in a measure focusing on marijuana that President Joe Biden passed into law, last year. The U.S. Attorney General has 60 days to approve or reject a research application. The bill also provides a faster and more efficient way for researchers to request large quantities of cannabis.
According to the bill, a researcher who is registered with the Drug Enforcement Administration to study Schedule I or II drugs must have their request evaluated within 30 days after sending a notification to the Justice Department.
The non-registered applicants’ submission must be considered within 45 calendar days after the notification.
This measure allows for the expedited processing of research conducted or funded in part by federal agencies, such as the U.S. Department of Health and Human Services.
In addition, the Bill states that duplicate registrations will no longer be necessary for all researchers participating in an approved study on a Schedule I substance as long as they are all affiliated with the same research institute.
The law states that “a registered researcher on a controlled substance can perform small-scale manufacturing activities using that substance…without having to register as a manufacturer, provided that the activities and quantities are done for research purposes and that the activities and quantities are used in the manufacturing activities.”
Last Congress, the HALT Fentanyl act was also introduced but did not progress at the committee level.
The National Institutes of Health published a Request for Information (RFI) in the past year. It asked for input regarding barriers to cannabis research, specifically to “strengthen scientific evidence” of its therapeutic potential.
The National Institute on Drug Abuse has separately solicited proposals this month for a number of research initiatives that explore the use of psychedelics to treat drug abuse. It plans to fund $1.5 million to support these studies.
Republicans on the Senate side blocked a vote last month to advance to the floor a bill that would promote the research into the therapeutic benefits of marijuana for veterans with certain conditions.
Nevada Legislature Tells Congress to Legalize Marijuana through Newly Passed Resolution
The first time Marijuana Moment published the article House Passed Fentanyl Criminalization Bill Will Also Make It Easy To Study Marijuana And Psychoactives.
