Here’s Why America Needs the HALT Fentanyl Act, and Why It Won’t Lead to Overcriminalization

Commentary

I worked with President Donald Trump on the First Step Act and am acutely aware of the damage that unnecessarily tough-on-crime laws can do, but I am glad to vouch for the HALT Fentanyl Act, which advances both public health and just enforcement.

Trump visited the Justice Department recently, reaffirming his commitment to combating the scourge of fentanyl. I was honored to attend, listening to Attorney General Pam Bondi. I sat next to a scientist who lost her 28-year-old son to fentanyl. I listened to mothers who lost teenagers, including a high school freshman who died while taking a single pill at school.

These people gathered to support the HALT Fentanyl Act, a response to the devastating opioid crisis America faces.

The opioid crisis has reached catastrophic levels, with fentanyl and its analogs contributing to a majority of overdose deaths. According to the Centers for Disease Control and Prevention, synthetic opioids (primarily fentanyl) were responsible for nearly 75,000 deaths in 2022 alone. The rise in fentanyl-related substances, often chemically altered to skirt legal restrictions, poses a serious challenge for law enforcement and public health officials. The HALT Fentanyl Act, which permanently classifies fentanyl analogs as Schedule I substances, is a crucial tool in closing these dangerous loopholes and combating the spread of these deadly drugs.

According to the U.S. Sentencing Commission, “five fentanyl analogues: carfentanil, furanyl fentanyl, acetyl fentanyl, 4-fluoroisobutyryl fentanyl (or para-fluoroisobutyryl fentanyl), and cyclopropyl fentanyl accounted for 76.4 percent of the fentanyl analogues trafficked in fiscal year 2019.”

However, the path for manufacturers to evade accountability is relatively simple. Under the existing legal framework, each new fentanyl analog must be individually scheduled, requiring lengthy bureaucratic processes, scientific studies, and legal debates. By the time these substances are put on the official “schedule” of regulated drugs, traffickers have already moved on to new, slightly modified fentanyl analogs, keeping them one step ahead of the law.

This issue has been happening for years—during one stretch between 2012 and early 2016, U.S. Customs and Border Patrol encountered seven new fentanyl analogs and then encountered 12 more during a 261-day span in late 2016 and 2017.

The Danger of Fentanyl Analogs

Fentanyl is already 50 to 100 times more potent than morphine, making it one of the most lethal drugs on the market. However, illicit manufacturers continuously alter its chemical structure to create new analogs that mimic fentanyl’s effects but remain technically legal until scheduled individually by the DEA. This game of chemical cat-and-mouse has allowed new synthetic opioids to flood the streets before authorities can respond effectively.

Under the HALT Fentanyl Act, such fentanyl-related substances would be automatically classified as Schedule I, making enforcement quicker and more effective.

Furanyl fentanyl, acetyl fentanyl, and para-fluorofentanyl each have slight chemical changes from fentanyl that do not alter the drug’s function but allow traffickers to evade legal restrictions. Drug dealers have marketed acetyl fentanyl as “legal fentanyl,” although the government placed emergency restrictions on it after Americans died from overdoses.

The HALT Fentanyl Act ensures that modifications to fentanyl’s chemical structure will immediately be illegal, preventing drug traffickers from exploiting minor alterations.

Addressing Concerns About Overcriminalization

Opponents of the HALT Fentanyl Act argue that broad drug scheduling could lead to overcriminalization and hinder medical research. However, the bill explicitly includes provisions for medical and scientific research, allowing legitimate researchers to apply for exemptions while ensuring public safety. Additionally, the bill targets illicit drug manufacturers, not individual users, ensuring that those suffering from addiction receive treatment rather than incarceration.

Moreover, the reality of fentanyl-related substances on the streets is stark. Many of these analogs have little to no medical use but still appear in illicit drug markets. The bill focuses on fentanyl analogs that pose a clear public health risk, and its implementation is a necessary step in dismantling the vast networks distributing these drugs.

Law Enforcement Needs This Tool

Law enforcement officials have long advocated for broader classification of fentanyl analogs because current laws require them to play catch-up with drug manufacturers. By the time one fentanyl analog is scheduled, multiple new versions are already being distributed. The HALT Fentanyl Act provides a proactive approach, ensuring that any structurally-related fentanyl analog is immediately classified as a Schedule I substance, eliminating the lag time that traffickers exploit.

Without this legislation, law enforcement faces unnecessary legal hurdles that allow fentanyl analogs to remain in circulation. By giving authorities the tools they need to tackle these substances comprehensively, the HALT Fentanyl Act can save thousands of lives.

Fentanyl is no longer just a crisis—it is a national emergency. The HALT Fentanyl Act is not about restricting medical access to necessary drugs or enhancing mandatory minimums—it is about closing legal loopholes that sophisticated traffickers exploit to flood our communities with lethal substances.

By supporting this legislation, we take a necessary step toward protecting families, strengthening law enforcement, and ensuring that fentanyl analogs do not continue to claim innocent lives.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.

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