We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
SENATE PASSES TOUGH FENTANYL BILL
The Senate last Friday passed S.331, a bill that expands the sweep of the Controlled Substances Act to include within the definition of fentanyl a wide number of analogues of the drug.
Called the HALT Fentanyl Act, the bill would permanently place all copycat versions of fentanyl — alterations of the drug that are often sold by traffickers — on Schedule 1, the Drug Enforcement Administration’s list of most dangerous drugs.
Under current law, certain drugs that are not explicitly designated as controlled substances can be subject to requirements under the CSA. However, to proceed with criminal cases, prosecutors must prove that such drugs meet specific criteria related to chemical structure and psychoactive effects. By placing all fentanyl-related substances in Schedule I, S. 331 would lower the burden of proof in certain cases by removing that requirement, thus increasing the likelihood of conviction. The move would mean an increase in criminal convictions for distributing fentanyl-related substances, according to the Congressional Budget Office.
The 16 nay votes all came from Democrats. One opponent, Senator Cory Booker (D-NJ), said, “Some fentanyl analogues may hold promise as antidotes to opioid overdoses or other medical treatments. By permanently scheduling these substances without more robust exceptions for research, this legislation could stifle innovation in developing life-saving therapies, sacrificing scientific progress for political expediency… It also borrows a page from the War on Drugs playbook that ushered in excessive mandatory minimum sentences under the misguided notion that giving more people harsh prison sentences would somehow reduce the availability of drugs.”
The bill next heads to the House, where a similar version of the bill has already passed with significant Democratic support, showing many in the party are eager to clamp down on fentanyl distribution. House Republicans passed a similar bill in 2023 with dozens of Democrats joining in support, but it languished in the Democratic-held Senate.
The new legislation is consistent with the Dept of Justice’s new criminal charging policy, first announced on the day after President Trump was inaugurated, to emphasize gangs, immigration and fentanyl.
S.331, HALT Fentanyl Act (passed Senate March 14, 2025)
Congressional Budget Office, S.331, HALT Fentanyl Act (March 10, 2025)
PBS, Senate approves bill that would increase penalties for fentanyl traffickers (March 15, 2025)
Sentencing Substack, The Department of Justice’s New Criminal Charging Policies (February 24, 2025)
– Thomas L. Root