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 All Lethal Trafficking of Fentanyl Act is a plan to make rules about how we handle and study a dangerous drug called fentanyl, letting the person in charge decide which forms of it are illegal. It also tries to make it easier for scientists to study these drugs and sets rules for punishing people who break the law with them.

Summary AI

The Halt All Lethal Trafficking of Fentanyl Act aims to amend the Controlled Substances Act by setting guidelines for categorizing fentanyl-related substances as Schedule I drugs, regulating their manufacturing and research. It outlines specific structural modifications to define fentanyl-related substances and grants the Attorney General authority to list such substances in the Federal Register. Additionally, it introduces an expedited registration process for researchers studying Schedule I drugs and clarifies penalties related to fentanyl-related substances. The bill also addresses technical corrections and rulemaking procedures related to these substances.

Published

2025-02-10
Congress: 119
Session: 1
Chamber: SENATE
Status: Referred in Senate
Date: 2025-02-10
Package ID: BILLS-119hr27rfs

Bill Statistics

Size

Sections:
7
Words:
4,618
Pages:
24
Sentences:
76

Language

Nouns: 1,274
Verbs: 375
Adjectives: 130
Adverbs: 38
Numbers: 147
Entities: 204

Complexity

Average Token Length:
4.09
Average Sentence Length:
60.76
Token Entropy:
5.11
Readability (ARI):
31.42

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the "Halt All Lethal Trafficking of Fentanyl (HALT Fentanyl) Act," seeks to amend the Controlled Substances Act to more effectively combat the illegal distribution and use of fentanyl-related substances. The bill aims to categorize and schedule fentanyl-related substances under the Controlled Substances Act, establish clear rules for research, and set penalties for violations. It also introduces technical corrections to prior legislative measures and outlines procedures for the creation of rules to implement its mandates.

Summary of Significant Issues

One significant issue with the bill is its expansive definition of "fentanyl-related substances." This broad categorization could lead to vague interpretations and complicate enforcement, as the bill relies heavily on technical chemical descriptions. Additionally, it grants the Attorney General substantial authority to modify these interpretations without significant oversight, which could raise concerns about transparency and accountability.

In the context of research, the bill outlines detailed and complex registration procedures for handling substances under Schedule I, which may result in compliance difficulties, especially for smaller institutions or individuals unfamiliar with such regulatory environments. These procedures could potentially hinder scientific research efforts due to their complexity.

Moreover, the bill's amendments to previous statutes through technical corrections are not accompanied by adequate context or explanations, leading to potential misunderstandings regarding their necessity and impact. Lastly, the inclusion of penalties for illicit trafficking does not explicitly address the resources required for enforcement, which might create gaps in the effectiveness of the measures proposed.

Impact on the Public

Broadly, the implementation of this Act could have both protective and restrictive impacts on the public. By tightening regulations on fentanyl-related substances, the bill aims to protect individuals from the dangers of this potent drug class, which is responsible for a significant number of overdose deaths. However, the complexity and breadth of its definitions could lead to implementation challenges, potentially affecting the timely application of its protections.

For the research community, the bill introduces opportunities for more streamlined research processes with certain substances, yet the detailed regulatory aspects might inadvertently create new hurdles. This may affect the pace at which new, potentially life-saving treatments and drugs are developed and brought to market.

Impact on Stakeholders

Specific stakeholders, including law enforcement agencies, researchers, and the pharmaceutical industry, will likely experience varied impacts. Law enforcement may face challenges due to the complex nature of the chemical definitions and the broad range of substances covered, which could complicate enforcement decisions and resource allocation.

Researchers will have to navigate the intricate registration and compliance procedures, which might detract from their focus on innovation and discovery. On the other hand, the bill's provisions for streamlined research registrations and site approvals could positively impact institutions capable of meeting its regulatory demands.

Pharmaceutical companies might face increased scrutiny and legal challenges due to the expansive definition of fentanyl-related substances. While this could ensure greater accountability and safety, it may also lead to increased operational costs or liabilities.

Overall, the bill presents a multifaceted attempt to control and regulate fentanyl-related substances, with significant implications for various sectors. It strives to balance public safety with the need for scientific progress, yet its success will depend on clear, detailed implementation and adequate resource allocation.

Issues

  • The definition of 'fentanyl-related substance' in Section 2 is very broad and expansive, which might lead to vague interpretations and overreach in its enforcement. This could have significant legal and ethical implications for individuals and companies operating in the pharmaceutical industry.

  • Section 2 gives the Attorney General substantial power to publish lists of controlled substances in the Federal Register without proper oversight or transparency, potentially leading to questionable decision-making and public distrust.

  • The amendments in Section 2 create complexities that may hinder effective law enforcement due to the ambiguous and technical nature of the chemical definitions, posing practical challenges for legal interpretation and enforcement by authorities.

  • Section 3 outlines complex registration procedures for researchers handling schedule I substances, which may result in compliance issues, especially among small institutions or individuals unfamiliar with extensive regulatory environments.

  • Subsection 3(b) provides provisions for multiple researchers under a single registration within an institution, but lacks clarity on the responsibilities and potential liabilities of those operating under such a system, risking legal and financial repercussions.

  • The technical corrections in Section 4 amend previous statutes without sufficient context or explanation, which could lead to misunderstandings regarding their necessity and impact among stakeholders, affecting trust and compliance.

  • While Section 6 introduces penalties for trafficking in fentanyl-related substances, it does not specify funding or resources for enforcement, potentially leaving gaps in law enforcement capabilities and coverage.

  • Subsection 7(c) references a specific court case, United States v. McCray, without elaborating its interpretation, causing potential ambiguity for legal experts and the general public regarding its significance in shaping the bill’s intent.

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.