Drug Policy and Rights Groups Decry Senate Passage of HALT Fentanyl Act

The U.S. Senate on Friday passed a bill that would make permanent harsh criminal penalties for fentanyl-related drugs—but critics warn that the Halt All Lethal Trafficking of Fentanyl Act takes the wrong approach to drug prevention by prioritizing criminalization.

The bill passed by a vote of 84-16, with all the no votes coming from members of the Democratic caucus. The legislation now goes back to the House of Representatives for a procedural vote where it's expected to pass again and then go on to U.S. President Donald Trump, who is expected to sign it into law, according to the group the Drug Policy Alliance, which fights for equitable and nonpunitive drug policy.

The legislation would automatically and permanently put fentanyl-related substances in Schedule I under the Controlled Substances Act, the U.S. Drug Enforcement Agency's list of most dangerous drugs. The bill is expected to increase the number of criminal convictions for fentanyl-related substances, according to the Congressional Budget Office (CBO).

The HALT Fentanyl Act cements policy changes first enacted by the first Trump administration, which temporarily classified fentanyl-related substances as Schedule I drugs in 2018.

Drug policy and rights groups argue the passage of the bill doubles down on "failed, punitive" drug policy.

"Overdose deaths are declining not because of harsh sentencing laws, but because we are finally investing in what works—harm reduction, expanded treatment, and proven public health strategies," said Amy Fettig, acting co-executive director of the group Fair and Just Prosecution, in a statement on Friday.

"The HALT Fentanyl Act threatens this progress by doubling down on ineffective and extreme sentences and fueling unjust prosecutions that disproportionately target communities of color. We have decades of evidence showing that harsh sentencing laws don't stop drug use or save lives," Fettig continued. "Why are we repeating the same mistakes?"

The U.S. Centers for Disease Control and Prevention (CDC) released data in February predicting a nearly 24% decline in drug overdose deaths in the United States for the 12 months ending in September 2024, compared to the previous year.

The CDC credits multiple factors for the drop, including "widespread, data-driven distribution of naloxone," "better access to evidence-based treatment for substance use disorders," and "shifts in the illegal drug supply."

Jesselyn McCurdy, executive vice president for government affairs at the Leadership Conference on Civil and Human Rights, made similar comments to Fettig, writing: "The flawed legislation passed in the Senate today threatens to repeat the same mistakes that were made with the so-called 'war on drugs'... This legislation will not deter crime, protect public safety, or decrease drug use or trafficking."

Maritza Perez Medina, director of federal affairs at the Drug Policy Alliance, said in a Friday statement, "Our elected leaders must invest more in these lifesaving health approaches, yet Congress is doing the opposite."