Ensure proper scheduling of fentanyl

Fatal drug overdoses have increased rapidly in recent years and now kill more than 110,000 individuals annually.[3] These increases have been driven by extremely dangerous fentanyl and FRS, which can be lethal in extraordinarily low amounts and have been difficult to interdict. Current federal laws, though, are not structured to keep up with new FRS variants. The federal Controlled Substances Act schedules drugs, substances, or chemicals based on their potential for misuse, with Schedule I for those with a high potential for misuse and no currently accepted medical value.[4] Schedule I substances are tightly regulated and controlled.

FRS are not automatically included on Schedule I. While Congress has temporarily allowed the Drug Enforcement Administration to place FRS onto Schedule I (which expires on December 31, 2024), a more permanent solution is needed.

The Biden Administration has previously put forward recommendations relating to FRS[5], and reiterated its position supporting the permanent scheduling of all FRS into Schedule I in a Statement of Administration Policy.[1] Several pieces of legislation would permanently schedule FRS as Schedule I, including the SAFE Act[6] and the HALT Fentanyl Act. The U.S. House of Representatives passed the HALT Fentanyl Act in May 2023.[2] To save lives, Congress should act to send legislation to the President that permanently places FRS into Schedule I without delay.

Congress should also take action to improve interdiction of fentanyl and FRS at our borders, including increasing the availability of mass spectrometers at points of entry to identify dangerous substances. U.S. Customs and Border Protection and the U.S. Postal Inspection Service should be provided additional resources to purchase technologies and drug-detection canines to intercept FRS and other dangerous synthetic opioids.[7]