Trump Signs Law Targeting Fentanyl Trafficking—What to Know

President Donald Trump signed into law the Halt All Lethal Trafficking of (HALT) Fentanyl Act on July 16.

The law makes permanent a 2018 change that made all fentanyl-related substances fall under Schedule I of the Controlled Substances Act, which is reserved for drugs with high potential for abuse and no medical use.

The law was introduced to the Senate Judiciary Committee by a bipartisan group of senators, including the committee chairman, Sen. Chuck Grassley (R-Iowa), in January.

The legislation received support from almost every Republican and several Democrats.

The bill passed the Senate in an 84–16 vote in March and the House in a 321–104 vote in June.

At the signing ceremony, Trump said the legislation ensures that drug smugglers who move fentanyl-related products are prosecuted as dealing Schedule I drugs. He said he has also asked the Department of Justice to seek maximum sentences for fentanyl traffickers.

“It’s so sad … it should be so unnecessary that we stand here for years and years doing the same thing over and over,” Trump said, referencing the stories of families who suffered losses due to fentanyl.

“Everyone knows someone touched by this incredible crisis. So today, on behalf of all Americans who have lost a loved one to opioids, we renew our vow to liberate America from this horrible plague.”

What the Law Does

The HALT Act effectively eliminates a loophole that could be used by traffickers to slightly tweak fentanyl chemicals to avoid harsher punishments.

Under this law, it uses the same scheduling standards to target lethal fentanyl-related substances and prosecute those involved in the trafficking and manufacturing of the drug.

The law maintains the same criminal penalties that have been enforced for fentanyl trafficking since the 2018 provision.

It also reconfirms the 2018 court interpretation of federal authority, as decided in the case of U.S. v. McCray, that even what are technically controlled substances can be deemed fentanyl analogues.

Fentanyl is considered a controlled substance in the United States, meaning that its use is fully prohibited.

Under the new law, the registration process for Schedule I researchers will be streamlined, allowing scientists a better opportunity to study fentanyl-related substances.

Supporters of the legislation have also said they believe that it will allow for clearer standards for anti-trafficking efforts carried out by law enforcement.

Senate Majority Leader John Thune (R-S.D.) promised more related legislation after the bill passed in the Senate.

“I don’t need to tell anybody about the horrible impact of drug overdoses in this country, many of them caused by fentanyl,” he said.

“In the coming weeks, we’ll be taking up legislation to address another aspect of the fight: securing our borders.”

Bill Support

The legislation was supported by more than 40 major advocacy groups, according to a statement from Grassley’s office.

The law also had the backing of a coalition of more than 200 families and organizations that represent more than a million law enforcement officers.

During a Feb. 4 Senate Judiciary Committee hearing on fentanyl scheduling, Grassley said that each day roughly 150 Americans 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,” he said.

Sen. Bill Cassidy (R-La.) offered support for the legislation, saying: “The Biden administration’s open border was an invitation to drug cartels smuggling Chinese fentanyl into the United States, fueling the U.S. overdose epidemic.

“Law enforcement must have the tools necessary to combat this trend. We cannot let this Schedule I classification lapse.”

Before taking office, Trump promised to penalize Mexico for manufacturing fentanyl and China for providing precursor chemicals used to make the product.

Trump said at the time that these countries haven’t worked hard enough to stop illicit drugs, particularly fentanyl, from entering the United States.

Legislation Detractors

Rep. Frank Pallone (D-N.J.) said during debate that he opposes the legislation because of the uniformity of criminalization of the substances.

He said he believes that it will slow down potential research into the possible positive applications of fentanyl-related drugs.

The lawmaker also said Republicans were attempting to address the opioid epidemic while simultaneously supporting cuts to federal agencies that research public health.

“This Republican bill would also exacerbate inequities in our criminal justice system because drugs placed on Schedule I include mandatory minimum sentencing,” Pallone said.

“The bill is essentially recycling an incarceration first response to what I consider mainly a public health challenge.”

Similarly, Sen. Ed Markey (D-Mass.) said in a statement that the bill was “enabling a political stunt at the expense of real solutions.”

He said that the law will “do little to actually solve the fentanyl crisis but will make it harder to research addiction and overdose reversal medication, disrupt communities and families by incarcerating rather than treating addiction, and divert resources from methods that work to disrupt the flow of fentanyl in the United States to strategies from the outdated War-on-Drugs solutions that do not work.”