HALT Fentanyl Act signed into law

Fentanyl

Key Takeaways

On July 16, the Halt All Lethal Trafficking of Fentanyl Act (HALT Fentanyl Act) (P.L. 119-26) was signed into law, marking a major turning point in the nation’s response to the opioid epidemic. The bipartisan legislation permanently classifies fentanyl-related substances (FRS) as Schedule I drugs under the Controlled Substances Act, granting law enforcement the authority to combat the growing threat posed by synthetic opioids. The law’s enactment follows years of temporary extensions that placed these substances under federal control on a provisional basis.  

What is the HALT Fentanyl Act?

The HALT Fentanyl Act places all fentanyl-related substances (FRS) into Schedule I, the most restrictive category under the Controlled Substances Act.  

This classification designates these substances as having “high abuse potential with no accepted medical use,” ultimately prohibiting these substances from being prescribed, dispensed or administered for any reason. The classification also imposes stricter sentencing guidelines for individuals trafficking fentanyl-related substances.  

The legislation responds directly to findings in the 2024 United States Drug Enforcement Administration (DEA) National Drug Threat Assessment, which identified fentanyl as the leading cause of drug poisoning deaths in the United States.  Synthetic opioids accounted for 68 percent of such deaths in 2022, claiming over 74,000 lives. Notably under the law, fentanyl itself would remain a Schedule II substance and can continue to be prescribed for extreme pain.

View the HALT Fentanyl Act

Impact on counties

Counties serve on the frontlines of the national opioid crisis response strategy through sheriff’s departments, jails, hospitals, public health agencies and behavioral health providers. Counties are supportive of comprehensive, multi-pronged approaches to addressing the ongoing overdose crisis, which includes local strategies and intergovernmental partnerships to sustain progress made in prevention, treatment and recovery efforts for overdose, while minimizing the burden on local healthcare and criminal justice systems.

Removing the uncertainty of temporary scheduling extensions allows county sheriffs’ offices and other local public safety agencies to better plan and coordinate enforcement strategies, without being subject to lapses in legal authority over fentanyl-related substances.

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