The Senate passed the HALT Act to permanently classify fentanyl and its derivatives as highly dangerous drugs

The Senate passed the HALT Fentanyl Act, legislation designed to permanently classify fentanyl and its derivatives as Schedule I drugs, a group comprised of those that are highly dangerous. The bill also aims to close certain loopholes exploited by traffickers, making it easier for law enforcement to act.

The legislation obtained broad bipartisan support, with 84 votes in favor and only 16 against. All of the "no" votes were from Democratic senators. It will now head to the House of Representatives, his last hurdle before reaching President Donald Trump's desk. 

In addition to the aforementioned reclassification, the HALT Act subjects substances related to fentanyl and the penalties already used by the courts for fentanyl itself and provides for lawful medical research on the use of fentanyl to help improve the health of Americans.

"Today is a good day for the Senate and a good day for the American people"

Chuck Grassley (R-IA), chairman of the Senate Judiciary Committee, celebrated the passage of the HALT Act via a statement.

"The HALT Fentanyl Act permanently schedules these deadly substances that have been the main driver of overdose deaths in the United States. No longer does the Drug Enforcement Agency need to play this game of whack-a-mole every time a cartel develops a new fentanyl knock-off," he said.

"In other words, today, a fentanyl knockoff might be illegal and then change the chemical make-up of it and it becomes legal. It’s a nightmare for law enforcement," added the Iowa Republican, who is among the six longest-serving senators in U.S. history.

For Bill Cassidy (R-LA), sponsor of the legislation, its passage is critical to preventing fentanyl from entering the country.

"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," he told reporters Friday.

"'Oh, it's not fentanyl. You can't bust me because it's not actually fentanyl.' 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," added Cassidy, who is a gastroenterology physician and also chairman of the Senate Health, Education, Labor and Pensions Committee.

What does it mean for a drug to be in Schedule I?

According to the Drug Enforcement Administration (DEA) and the Controlled Substances Act (CSA), which establishes U.S. federal drug policy, drugs are classified as follows: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V, with Schedule I being the most dangerous and Schedule V being the least dangerous.

"Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential. The abuse rate is a determinate factor in the scheduling of the drug; for example, Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. As the drug schedule changes—Schedule II, Schedule III, etc.—so does the abuse potential—Schedule V drugs represent the least potential for abuse," explains the DEA's official website.

With this in mind, the HALT Act seeks to permanently classify fentanyl and its derivatives as Schedule I drugs, i.e., those highly dangerous to U.S. citizens.