Overview
Title
An Act To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes.
ELI5 AI
The HALT Fentanyl Act is like a rulebook to help control some super dangerous chemicals called fentanyl-related substances. It wants to make it easier for scientists to study them and make rules to keep everyone safe.
Summary AI
The HALT Fentanyl Act (H.R. 27) is a proposed law intended to modify the Controlled Substances Act by defining and classifying fentanyl-related substances under Schedule I. The bill outlines specific chemical modifications classifying substances as fentanyl-related unless otherwise controlled. It also provides streamlined processes for researchers to get registered and conduct research with Schedule I substances, including simplifying registration for multiple researchers within an institution. Additionally, it amends penalties for trafficking fentanyl-related substances and mandates the creation of interim final rules for implementation.
Published
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AnalysisAI
Summary of the Bill
The "Halt All Lethal Trafficking of Fentanyl Act" or HALT Fentanyl Act aims to amend the Controlled Substances Act to address fentanyl-related substances more comprehensively. It intends to categorize these substances under Schedule I—the most restrictive classification—based on their chemical structure. The bill introduces changes to the process for registering research on controlled substances, allowing for more expedited procedures for federally funded research and easing some administrative burdens for research institutions. The act also includes penalties for the illegal handling of fentanyl-related substances and offers provisions for rulemaking by the Attorney General.
Significant Issues
One critical issue with the bill is the expansive definition of "fentanyl-related substance," which could lead to ambiguity and enforcement challenges. The broad scope might result in numerous substances being classified as illegal, even those not yet known, leading to potential legal complications and an increase in criminal liabilities.
Another concern is the authority granted to the Attorney General to list substances in the Federal Register, which lacks substantial oversight or transparency. This could lead to questions about checks and balances in regulatory decision-making.
The bill's technical language and complex procedures, especially concerning research registration, may pose barriers for researchers and limit public understanding. The inclusion of detailed chemical terms makes the bill less accessible to those without specialized knowledge in chemistry or law.
Impact on the Public
Broadly, the bill seeks to address the serious public health crisis related to fentanyl trafficking and abuse. By strengthening regulations and penalties, it aims to curb the illegal distribution and manufacturing of these potent substances. However, the expansive definition of fentanyl-related substances might lead to unintended consequences, such as the criminalization of compounds without clear harm, potentially affecting medical research and industry innovation.
Impact on Specific Stakeholders
Researchers and Scientific Community: The provisions regarding research registration are designed to facilitate scientific inquiry, especially federal research, by simplifying the administrative process. However, the dense legal requirements and potential oversight issues might slow down critical research if researchers find the procedures cumbersome.
Law Enforcement and Legal System: The expanded definition of fentanyl-related substances might increase the workload for law enforcement and increase the number of cases for the legal system to handle. Without specific allocations for enforcement funding, these agencies might struggle with the new demands.
Pharmaceutical and Chemical Industries: For businesses in these sectors, the bill may introduce compliance challenges due to its broad definition of controlled substances. Firms may face increased legal liabilities and risk for previously unregulated compounds, which could hinder innovation and commercial development.
General Public: While the intent is to protect the public by reducing the availability of dangerous substances, there is a risk that overly broad regulatory measures might inadvertently affect legitimate access to medications, especially in pain management and palliative care.
Overall, while the HALT Fentanyl Act addresses critical issues in combating fentanyl misuse, the complexities and broad definitions could pose challenges for various stakeholders involved in regulation, enforcement, and scientific research.
Issues
The expansive definition of 'fentanyl-related substance' in Section 2 could lead to ambiguity in legal interpretation and enforcement challenges, impacting manufacturers and potentially broadening criminal liabilities considerably.
The authority granted to the Attorney General in Section 2(4) to list fentanyl-related substances in the Federal Register without robust oversight or transparency mechanisms raises concerns about unchecked power and potential lack of accountability.
The technical complexity and dense chemical nomenclature of Sections 2 and 6 might make the bill difficult for the general public and non-expert stakeholders to understand, limiting its accessibility and potentially hindering informed public discourse.
The complex procedures and registration requirements for research outlined in Section 3 could hinder the advancement of scientific research by creating barriers for researchers, particularly those unfamiliar with legal processes.
The section on penalties in Section 6 does not mention specific funding or resource allocation for enforcement, which could impair the effectiveness of the amendments and lead to challenges in practical implementation.
Section 4, involving numerous technical corrections to existing laws, lacks clarity and context, potentially resulting in misunderstandings for the general public and questioning of the motivations behind these amendments.
Section 3's provisions for research on newly scheduled substances and rules for registration updates could lead to compliance difficulties due to their inherent complexity and intricate procedural requirements.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The introductory section of this Act states that it can be referred to as the “Halt All Lethal Trafficking of Fentanyl Act” or simply the “HALT Fentanyl Act”.
2. Class scheduling of fentanyl-related substances Read Opens in new tab
Summary AI
The section adds rules to the Controlled Substances Act to classify substances related to fentanyl. It defines what counts as a "fentanyl-related substance" based on its chemical structure, and it explains exceptions where certain substances, even if they fit the definition, will not be considered under this schedule if the Attorney General has taken other actions to control them or if they are already listed in another schedule.
3. Registration requirements related to research Read Opens in new tab
Summary AI
Section 3 of the bill introduces an alternative registration process for practitioners conducting research with Schedule I controlled substances, allowing expedited procedures under certain conditions, such as if the research is federally funded or involves an investigational exemption. It also permits research institutions to have agents conduct research without separate registrations and allows single registrations for related research sites. Additionally, certain manufacturing activities related to research are permitted without requiring a separate manufacturing registration, but these do not include marijuana cultivation. The section also mandates transparency about different processes or criteria for research applications with specific controlled substances.
4. Technical correction on controlled substances dispensing Read Opens in new tab
Summary AI
The section makes technical corrections to previously issued laws by changing references from "303(g)" to "303(h)" in various parts of Public Law 117–328, adjusting the specific subsections cited for controlled substances dispensing to align correctly with the Controlled Substances Act.
5. Rulemaking Read Opens in new tab
Summary AI
The Attorney General is required to issue rules to implement the Act within six months, with the option to issue them as interim final rules that take effect immediately. These interim rules allow for public comments and requests for hearings before a final rule is established.
6. Penalties Read Opens in new tab
Summary AI
The text outlines amendments to the Controlled Substances Act and the Controlled Substances Import and Export Act, adding the term "fentanyl-related substance" alongside specific chemical analogues to ensure these substances are included in the same legal framework for penalties related to manufacturing, distribution, importation, and exportation. It also defines the term "fentanyl-related substance" within the Controlled Substances Act.
7. Applicability; other matters Read Opens in new tab
Summary AI
The section explains that the changes made by this Act will apply from the time the Act becomes law, even if the rules are finalized later. It also clarifies that these changes should not be used as evidence that certain substances were not previously considered analogues of a specific drug before the Act's passage. Lastly, it mentions that Congress agrees with a court case's interpretation of related drug laws.