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The Senate approved the HALT Fentanyl Act on Friday, which will permanently classify fentanyl-related substances as Schedule I drugs under the Controlled Substances Act. The bill, which received 84 votes in favor and 16 against, aims to target drug traffickers who modify fentanyl’s chemical structure to evade prosecution.

Senator Bill Cassidy, R-La., who sponsored the bill, explained its purpose: “What this bill does — it says, ‘OK, it’s illegal to bring in fentanyl.’

But it recognizes that some of those attempting to bring in fentanyl will try and circumvent the law by changing the fentanyl just enough so that it becomes what is called an analog. No, it still addicts like fentanyl. It still kills like fentanyl, and it is substantially fentanyl. So, therefore, it shall be treated by law enforcement as if it is fentanyl.”

The legislation aims to close loopholes that allow traffickers to distribute deadly substances with minor chemical changes. Critics, including some Democrats, argued that the bill could lead to increased mass incarceration and limit scientific research on fentanyl analogs. However, supporters contend that the bill removes bureaucratic barriers, allowing more scientists to study these substances while providing law enforcement with the necessary tools to combat the opioid crisis.

Senator James Lankford, R-Okla., emphasized the urgency of the situation, stating, “This is a major accomplishment, quite frankly, to be able to move this through in the fight against fentanyl.”

The bill’s passage comes as the U.S. faces a devastating opioid crisis, with over 107,000 overdose deaths in 2023, nearly 70% of which were linked to fentanyl. Additional measures, such as enhancing drug interdiction efforts and targeting the use of xylazine, a veterinary drug being mixed with fentanyl, are also being considered.

The HALT Fentanyl Act will not introduce new mandatory minimum sentences but will ensure fentanyl analogs are subject to the same penalties as fentanyl itself. The bill now moves to the House for final approval.

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