HALT Fentanyl Act Passes House: Stop It in the Senate

In a disappointing setback, the U.S. House passed the HALT Fentanyl Act. It would ramp up harsh mandatory minimum sentences for fentanyl analogues. And it would permanently make all fentanyl-related substances Schedule I without first testing them for benefits or harm.

Unfortunately, lawmakers gave into fear and misinformation instead of being guided by health and evidence. Criminalization has already failed to keep our communities safer. Increased penalties will only put more lives at risk and make the overdose crisis worse.

But the fight is not over. Now it goes to the Senate where we need your help to stop it from moving forward. Please urge your Senators to oppose the HALT Fentanyl Act and similar attempts to ramp up harsh drug penalties.

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Dear Senator,

Message Body

I urge you to oppose the Halt All Lethal Trafficking of Fentanyl (HALT) Act (S. 1141). This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) and imposes harsh mandatory minimums for fentanyl analogues.  The vast majority of fentanyl-related substances have never been researched or tested to determine potential harm. In fact, of the few the FDA did test, at least one showed properties similar to the overdose-reversing medication naloxone: https://www.c-span.org/video/?c4994371/user-clip-fda. And others were found to be completely harmless.

This legislation doubles down on mass incarceration and applies some of most severe mandatory minimums at a time when there is broad bipartisan support for treating the opioid crisis as a public health issue.

We have more than three decades of evidence that enforcement first policies fail to reduce drug use and disproportionately harm communities of color. Any policy permanently scheduling these substances will only exacerbate these outcomes as well as over-policing and incarceration of communities of color.

We cannot repeat the mistakes of the past. As Congress looks to undo past harms such as the crack-powder sentencing disparity, we cannot in good conscience vote for doing the same thing again in response to illicit fentanyl. Just as we saw in reaction to crack cocaine in the 1980s, the emergence of fentanyl analogues has fueled similar waves of alarmist media headlines and law enforcement warnings that are informed by mythology rather than science.

Illicit fentanyl and fentanyl analogues are a major public health issue that requires public health solutions. Rather than extend anti-science Trump-era policies that will exacerbate mass incarceration and racial disparities in drug policy, Congress and the Biden Administration should prioritize public health legislation that applies evidence-based approaches to illicit fentanyl.

For more than 50 years, the U.S. has been criminalizing people for using drugs. Yet overdose has not decreased. In fact, it’s skyrocketing. Saving lives requires a new approach based in health, science, and evidence – not more punishment. Please oppose the HALT Fentanyl Act.

Sincerely,

[First Name] [Last Name]
[Your Address]

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