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drug policy alliance
Drug Policy and Rights Groups Decry Senate Passage of HALT Fentanyl Act
"The flawed legislation passed in the Senate today threatens to repeat the same mistakes that were made with the so-called ‘war on drugs,'" wrote one leader at a civil rights group.
Mar 14, 2025
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."
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Progressive Caucus Urges Biden to Use Final Days to Commute Sentences of Drug War Victims
There are nearly 360,000 American behind bars due to a drug offense, according to the Drug Policy Alliance.
Dec 23, 2024
With only weeks left of his administration, President Joe Biden has earned praise from rights groups and advocates for exercising his clemency powers, including announcing Monday that he is commuting the death sentences of 37 individuals on federal death row—but the Congressional Progressive Caucus is urging him to go further.
"We thank the president for this significant step and urge him to use his last few days in office to commute the sentences of the thousands of Americans impacted by the War on Drugs and decades of harmful, disparate convictions and sentencing," wrote Congressional Progressive Caucus Chair Rep. Pramila Jayapal (D-Wash.) in a statement on Monday.
Per Drug Policy Alliance, a nonprofit that addresses the harms of drug use and drug criminalization, there are nearly 360,000 American behind bars due to a drug offense. "This includes thousands of people charged with federal marijuana offenses or who are serving long federal mandatory minimum sentences due to the unfair crack-powder cocaine sentencing disparity," according to the group.
On December 12, Biden commuted the sentences of nearly 1,500 Americans and pardoned 39 people convicted of nonviolent crimes, a move the White House called "the largest single-day grant of clemency in modern history."
Reacting to those commutations and pardons, the Drug Policy Alliance wrote that "President Biden's historic actions today acknowledge what Americans have long known: that our country's practice of doling out lengthy prison sentences to people for drug offenses has put lives at risk, broken families apart, and wasted billions of dollars."
However, the group continued, "he must issue additional pardons and commutations to bring all victims of our country's failed drug war home. But we cannot stop there. President Biden can still play a role in mitigating the harms of federal marijuana criminalization through executive action."
The Drug Policy Alliance has drafted a proposed executive order for Biden to issue that would create a council to guide the federal government in repairing harms caused by marijuana criminalization and advance more fair and just policies in future, and mandate that federal agencies be tasked with evaluating how their-marijuana related policies and programs created barriers for underserved communities, among other actions.
Biden did in 2022 grant full and unconditional pardons to all U.S. citizens convicted of simple federal marijuana possession—a move that was cheered by advocates.
In her statement on Monday, Jayapal called Biden's decision to largely clear federal death row an "extraordinary act" that was only possible thanks to "tireless organizing and activism of progressives in Congress and on the ground."
Three people, Dylann Roof, Robert Bowers, and Dzhokhar Tsarnaev, will remain on death row. The 37 people whose sentences were commuted will receive life in prison without the possibility of parole.
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Tens of Thousands Call for Federal Marijuana Decriminalization
"When it comes to the DOJ's proposal to reschedule marijuana, public opinion could not be clearer," said a campaigner with Drug Policy Alliance, which analyzed public comments on the pending change.
Jul 23, 2024
Shortly after the public comment period for the Biden administration's proposed rule to reschedule marijuana closed, a reform group on Tuesday released an analysis showing that the majority of submissions advocate for federal decriminalization.
When President Joe Biden pardoned U.S. citizens and lawful permanent residents convicted of simple federal marijuana possession in October 2022, he also ordered the departments of Justice (DOJ) and Health and Human Services to review how cannabis is treated under the Controlled Substances Act.
Marijuana is currently Schedule I, the federal law's most restrictive category, despite dozens of states allowing adult recreational or medicinal use. In May, the Drug Enforcement Administration (DEA), which is part of the DOJ, proposed a shift to Schedule III and initiated the public comment period that ended Monday.
"Participation in public comment processes gives the American public a chance to speak from personal experience and provide feedback on proposed legal changes—and it gives the federal government an opportunity to adjust their proposals to reflect public opinion," said Cat Packer of the Drug Policy Alliance (DPA), which reviewed submissions.
"When it comes to the DOJ's proposal to reschedule marijuana, public opinion could not be clearer," added Packer, DPA's director of drug markets and legal regulation. "Rescheduling is simply not enough."
As DPA detailed in a statement, after analyzing the 42,910 public comments, the group found:
- 69.3% or 29,750 of comments support descheduling, decriminalizing, or legalizing marijuana at the federal level;
- 42.4% or 18,207 commentsmention the need for federal marijuana reform to advance racial justice or social equity; and
- 24% or 10,327 comments were submitted through a public comment tool hosted by United for Marijuana Decriminalization (UMD), a coalition that DPA convenes. These comments were the result of months of grassroots outreach to communities that have been impacted by marijuana criminalization.
"The people are demanding the Biden administration do more to deliver on the marijuana reforms that communities deserve," Packer said, pointing to previous promises from Biden and Vice President Kamala Harris, the presumptive Democratic nominee to face former Republican President Donald Trump and U.S. Sen. JD Vance (R-Ohio) in the November election.
Packer highlighted that nearly half of the comments "recognize that ending federal criminalization is key to achieving racial justice and social equity," and "this is something that the Biden administration has repeatedly identified as a priority in their marijuana reform efforts."
"However, under Schedule III, communities of color would still face disproportionate harms and lifelong consequences from federal marijuana criminalization," she explained. "Under Schedule III, people could still be jailed or deported for marijuana violations, even in states where it is legal. Under Schedule III, people could lose their jobs, their housing, their... food stamp benefits, or even lose custody of their children for marijuana violations."
Earlier this month, DPA and Human Rights Watch released a 91-page report detailing how the U.S. War on Drugs has impacted the lives of immigrants, "punishing people with deep connections to the United States, where they have formed families, attained education, and built their lives."
Packer argued Tuesday that "if the Biden administration wants to be responsive to public opinion and live up to their own stated values of racial justice and repair, marijuana must be federally decriminalized and additional actions must be taken to end the lifelong collateral consequences that result from marijuana criminalization."
"This is a galvanizing moment for our movement for drug policies grounded in health, equity, and reinvestment," she stressed. "Even if marijuana is ultimately rescheduled through this process, there are additional actions that President Biden and Congress can take. In the coming weeks and months, we will continue working with our allies to urge President Biden to take a whole government approach to advance equity in federal marijuana policy and mitigate the harms of criminalization."
"That means expanding pardons and commutations, protecting state marijuana programs, and directing federal agencies to cease punishing people for marijuana use," she said. "We know that the people and the evidence are on our side. It is time that our federal government listened."
Despite support from top figures including Senate Majority Leader Chuck Schumer (D-N.Y.), there is little hope that the current divided Congress would decriminalize marijuana. As Marijuana Momentreported shortly before House Speaker Mike Johnson (R-La.) was voted into his role last year, he "has consistently voted against cannabis-related legislation."
The cannabis industry analytics firm Headset on Tuesday also reviewed public submissions for the new proposal and noted that "this comment period has shattered previous DEA records, surpassing even the highly contentious 2020 telemedicine rules that garnered approximately 38,000 comments."
"To put this into perspective, that's roughly equivalent to the entire population of Juneau, the capital city of Alaska," the firm highlighted. "It's as if every resident of a small state capital took the time to voice their opinion on this crucial issue."
Headset found that 92.45% of comments were in favor of changing cannabis' schedule, with 61.7% of them advocating for descheduling and 38.3% supporting a shift to a less restrictive category. Just 7.55% wanted to retain Schedule I.
"Those supporting rescheduling emphasized potential medical benefits, increased research opportunities, and alignment with state laws," Headset said. "Proponents of descheduling, the largest group, advocated for complete legalization, citing social justice concerns, economic opportunities, and personal liberty."
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