Senators Marshall, Cassidy Lead Reintroduction of Legislation to Combat Illegal Fentanyl

Washington, D.C. – U.S. Senators Roger Marshall, M.D., and Bill Cassidy (R-LA) introduced the Halt All Lethal Trafficking (HALT) of Fentanyl Act. This legislation makes permanent the temporary classification of fentanyl-related substances as Schedule I of the Controlled Substances Act (CSA). Drug overdoses, largely driven by fentanyl, are the leading cause of death among young adults 18 to 45 years old. Synthetic opioids like fentanyl account for 66 percent of the total U.S. overdose deaths. The drug’s Schedule I classification is set to expire on March 31, 2025. 

“Just last year, an estimated 359 Kansans were murdered through fentanyl poisoning – that’s a Kansan lost every single day,” Senator Marshall said. “We cannot allow fentanyl’s drug Schedule I classification to expire, and we must ensure law enforcement has the tools necessary to combat the overdose epidemic in our country. Lives depend on it.”

“The Biden administration’s open border was an invitation to drug cartels smuggling Chinese fentanyl into the U.S., fueling the U.S. overdose epidemic,” Dr. Cassidy said. “Law enforcement must have the tools necessary to combat this trend. We cannot let this Schedule I classification lapse.”

“Today, roughly 150 Americans will die from fentanyl poisoning. Cartels fuel this crisis by marketing their poison as legitimate prescription pills. They also avoid regulation by chemically altering the drugs to create powerful fentanyl knock-offs,” Senator Grassley said. “Congress closed that loophole by temporarily classifying fentanyl related substances under Schedule 1. The HALT Fentanyl Act would make permanent fentanyl related substances’ Schedule 1 classification and ensure law enforcement has the tools they need to combat these deadly drugs.”

“We’re losing more than 100,000 Americans each year to illicit fentanyl overdoses. I refuse to accept this reality, and that’s why I’m working to deliver tools law enforcement personnel need to keep deadly fentanyl off our streets and out of our communities,” Senator Heinrich said. “Permanently scheduling fentanyl and its analogues will help federal and local law enforcement crack down on illegal trafficking and allow prosecutors to build stronger, longer-term criminal cases. Our HALT Fentanyl Act will help stop the flow of these deadly drugs into our communities and save lives.”  

Senators Marshall, Cassidy, Grassley, and Heinrich were joined by U.S. Senators Todd Young (R-IN), Steve Daines (R-MT), Eric Schmitt (R-MO), Maggie Hassan (D-NH), Shelley Moore Capito (R-VW), Ruben Gallego (D-AZ), Catherine Cortez Masto (D-NV), Mike Rounds (R-SD), John Kennedy (R-LA), Jeanne Shaheen (D-NH), John Cornyn (R-TX), Angus King (I-ME), and Mark Kelly (D-AZ) in introducing the legislation.

The legislation also removes barriers that impede the ability of researchers to conduct studies on fentanyl-related substances and allows for exemptions if such research provides evidence that it would be beneficial for specific substances to be classified differently than Schedule I, such as for medical purposes.  

From August 2021 to August 2022, a record-breaking 107,735 Americans lost their lives to drug overdoses. The surge was primarily fueled by synthetic opioids, including illegal fentanyl, which are largely manufactured in Mexico from raw materials supplied by China. In 2022, there were over 50.6 million fentanyl-laced fake prescription pills seized by the U.S. Drug Enforcement Administration (DEA), more than doubling the amount seized in 2021. 

BACKGROUND

According to the U.S. Centers for Disease Control and Prevention (CDC), there were an estimated 107,543 drug overdose deaths in the U.S. in 2023. This was primarily fueled by synthetic opioids, including illegal fentanyl, which are largely manufactured in Mexico from raw materials supplied by China. In 2022, there were over 50.6 million fentanyl-laced fake prescription pills seized by the U.S. Drug Enforcement Administration (DEA), more than doubling the amount seized in 2021. 

The U.S. House of Representatives passed the HALT Fentanyl Act in March 2023.