U.S. Sen. Martin Heinrich (D-NM) announced Wednesday that his Halt All Lethal Trafficking of (HALT) Fentanyl Act has been signed into law. The bill permanently classifies fentanyl-related substances (FRS) as Schedule I drugs under the Controlled Substances Act.
Heinrich, the bill’s lead Democratic sponsor, introduced the HALT Fentanyl Act in January with U.S. Senators Bill Cassidy (R-La.) and Chuck Grassley (R-Iowa). The bill passed the U.S. Senate in March and the U.S. House of Representatives in June.
“I’m very pleased that my HALT Fentanyl Act is now law,” Heinrich said in a press release. “This bill will help our law enforcement crack down on illegal trafficking and keep our communities safe, and allow prosecutors to build stronger, longer-term criminal cases. I will never stop fighting to deliver the resources to get deadly fentanyl out of our communities and save lives.”
The permanent scheduling provides law enforcement with enhanced tools to remove dangerous drugs from streets, dismantle organized criminal trafficking operations and protect New Mexicans.
The HALT Fentanyl Act has received endorsements from numerous law enforcement organizations, including the Drug Enforcement Association of Federal Narcotics Agents, the Association of State Criminal Investigative Agencies and the Major County Sheriffs of America, as well as state and local law enforcement agencies across New Mexico.
“The HALT Fentanyl Act is another tool to go after transnational gangs and help make our community safer. Legislation is key for law enforcement to do their job,” said John Allen, Bernalillo County Sheriff.
The law comes as New Mexico continues battling a deadly overdose crisis. State health officials reported 948 overdose deaths in 2023, with fentanyl involved in 65% of those fatalities, according to the New Mexico Department of Health.
The Centers for Disease Control and Prevention (CDC) estimated 107,543 overdose deaths in the United States in 2023, with nearly 75,000 involving fentanyl and fentanyl-related substances. Since 1999, overdose deaths involving illicitly manufactured synthetic opioids, such as FRS, have increased 103-fold. These substances are often sold through illicit drug markets for their fentanyl-like effect and are frequently mixed with other drugs or pressed into counterfeit prescription pills.
According to a press release from Heinrich’s office, drug traffickers constantly alter the chemical structure of fentanyl to evade regulation and prosecution. China has been identified as the primary source of fentanyl, FRS and their precursor chemicals since 2013, with products commonly shipped to Mexico and then smuggled into the U.S. by U.S. citizens. Traffickers have favored FRS to avoid committing the crime of trafficking fentanyl and fentanyl analogues. In 2023, the Drug Enforcement Administration (DEA) seized almost 12,000 pounds of illicit fentanyl, including powder and over 78 million pills, equivalent to more than 388.8 million lethal doses.
In 2018, the DEA issued a temporary scheduling order placing FRS in Schedule I due to its imminent hazard to public safety. Congress had previously extended this temporary scheduling multiple times, most recently until September 30, 2025.
The HALT Fentanyl Act permanently schedules illicitly produced FRS as Schedule I drugs and streamlines the regulatory process for scientists seeking approval from the U.S. Department of Health and Human Services (HHS) to research Schedule I substances.
Permanent scheduling of FRS is crucial for clear and enforceable penalties under the DEA, aiming to reduce the supply and availability of illicitly manufactured FRS. The HALT Fentanyl Act imposes controls and penalties on FRS with no accepted medical use and a high abuse potential.
Specifically, the HALT Fentanyl Act implements the following quantity-based federal trafficking penalties for FRS:
- Mandatory minimum penalties: 5 years for 10 grams or more (10 years for second offense); and 10 years for 100 grams or more (20 years for second offense).
- Discretionary maximum penalties: 40 years for 10 grams or more (life for second offense); and life for 100 grams or more.
The bill also aims to facilitate increased FRS research by aligning the research and registration process for Schedule I substances with Schedule II substances. It establishes a streamlined registration process for research funded by HHS, the Department of Veterans Affairs (VA), or under an Investigative New Drug (IND) exemption from the Food and Drug Administration (FDA).
The HALT Fentanyl Act will enhance understanding of these illicitly manufactured substances by:
- Allowing researchers within the same institution to participate in multiple scientific studies.
- Permitting researchers with ongoing studies to examine newly added Schedule I substances.
- Allowing researchers to manufacture small quantities of FRS without a separate registration.