HALT Fentanyl Act (S. 331)

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act

This act permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.

Under the act, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term).

Additionally, the act establishes a new, alternative registration process for certain schedule I research.

The act also makes several other changes to registration requirements for conducting research with controlled substances, including

• permitting a single registration for related research sites in certain circumstances,
• waiving the requirement for a new inspection in certain situations, and
• allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

Finally, the act expresses the sense that Congress agrees with the interpretation of the Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.