HALT Fentanyl Act
- Bill Number
- H.R. 27
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Passed House
- Latest Action
- 2025-02-10: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-07-11T02:23:22Z
AI-Generated Summary
Purpose
The HALT Fentanyl Act aims to combat the fentanyl overdose crisis by broadly classifying fentanyl-related substances as Schedule I controlled substances under the Controlled Substances Act (CSA), making them illegal to manufacture, distribute, or possess without authorization. It also streamlines registration processes for legitimate research on Schedule I substances, including fentanyl variants, to balance enforcement with scientific and medical advancement.
Key Provisions
- Scheduling of Fentanyl-Related Substances: Adds a new category to Schedule I of the CSA for any substance structurally related to fentanyl through specific chemical modifications (e.g., substitutions on the phenethyl group, piperidine ring, or replacement of certain rings or groups). This covers materials, compounds, mixtures, or preparations containing these substances, including their salts and isomers, unless exempted or listed elsewhere. The Attorney General (through the Drug Enforcement Administration, or DEA) may publish lists of such substances, but omission from a list does not exempt them from control.
- Streamlined Research Registrations:
- Allows practitioners with existing Schedule I or II research registrations to begin fentanyl-related research after a 30-day notice to the Attorney General, including details like chemical name, quantity, and proof of funding or investigational status (e.g., from HHS, DoD, VA, or FDA exemptions).
- For unregistered practitioners, a notice serves as a registration application, with approval or denial within 45 days.
- Permits electronic submissions and limits possession to notified amounts, with options for supplements.
- Exempts additional researchers in the same institution from separate registrations if authorized by a registered lead and notified to the DEA (with DEA objection possible within 30 days).
- Allows a single registration for research sites within the same city or county under one institution, with prior notification of locations.
- Waives new DEA inspections for adding substances in the same or lower schedule (e.g., from Schedule II to I).
- Enables ongoing research on newly scheduled substances to continue for up to 90 days while applying for registration, with expedited hearings if challenged.
- Treats small-scale manufacturing (e.g., creating extracts or dosage forms for investigational purposes) as part of research without a separate manufacturing registration, excluding marijuana growth.
- Requires the DEA to publicly disclose any special processes or criteria for researching specific Schedule I substances.
- Penalties: Elevates penalties for manufacturing, distributing, or possessing with intent to distribute fentanyl-related substances to match those for fentanyl analogues (e.g., mandatory minimum sentences of 5–40 years or life for certain quantities or deaths). Similar increases apply to importation and exportation offenses.
- Rulemaking and Applicability: The Attorney General must issue implementing rules within 6 months (possibly as immediately effective interim final rules, with public comment periods), and changes apply from the date of enactment. A "rule of construction" preserves prior legal treatment of these substances as fentanyl analogues.
- Technical Corrections: Fixes cross-references in prior laws related to CSA practitioner registrations.
- Reporting: Requires a Department of Justice Inspector General report within one year on fentanyl research under the new procedures.
Significant Changes to Existing Law
- Broad Class Scheduling: Shifts from case-by-case scheduling of individual fentanyl variants (which can take time and allow new variants to emerge) to automatic Schedule I placement for any structurally similar substance, reducing gaps exploited by illicit manufacturers.
- Research Facilitation: Replaces rigid, time-consuming DEA registration and inspection requirements with expedited notices, shared registrations, and waivers, particularly for government-sponsored or FDA-linked research. This contrasts with the CSA's prior emphasis on strict controls that often delayed studies.
- Penalty Alignment: Explicitly includes fentanyl-related substances in high-penalty provisions previously limited to specific analogues, clarifying and strengthening enforcement without changing base penalty structures.
- Transparency and Continuity: Introduces public disclosure of special research procedures and allows uninterrupted research on rescheduled substances, addressing prior uncertainties in ongoing projects.
Potential Impacts
- Government Agencies: The DEA will face increased administrative workload for notices and lists but reduced inspections and registrations, potentially speeding up research approvals for HHS, DoD, and VA projects. Law enforcement gains tools to prosecute a wider range of fentanyl variants more quickly, aiding efforts against trafficking.
- Citizens: Strengthens measures against the fentanyl epidemic, potentially reducing overdose deaths by closing loopholes for synthetic variants, though it may limit access to emerging therapies if research barriers persist elsewhere. Incidental benefits include easier legitimate medical research into fentanyl alternatives or treatments.
- International Relations: Enhances U.S. ability to target fentanyl imports (often from abroad), supporting diplomatic pressures on source countries, but could complicate international research collaborations if not harmonized with global standards.
Main Stakeholders Affected
- Law Enforcement and Regulators: DEA and Department of Justice benefit from broader scheduling and penalties but must adapt to streamlined processes.
- Researchers and Institutions: Scientists, universities, and government labs (e.g., HHS, DoD, VA) gain faster access to Schedule I substances for studies on addiction, pain management, or antidotes, reducing bureaucratic hurdles.
- Pharmaceutical Industry: Companies developing fentanyl-related drugs or alternatives can conduct investigational work more efficiently under FDA exemptions.
- Public Health and Affected Communities: Overdose victims, families, and treatment providers see stronger anti-trafficking tools, potentially lowering fentanyl availability.
- Manufacturers and Traffickers: Illicit producers face heightened risks of severe penalties for variants.
Notable Legal, Constitutional, or Political Implications
- Legal: Expands CSA definitions without requiring the DEA's standard scientific and abuse-potential reviews for each variant, potentially streamlining enforcement but raising questions about overbreadth (e.g., inadvertently controlling non-abusable substances). The bill endorses a 2018 court ruling (United States v. McCray) affirming analogue status for fentanyl variants, providing interpretive clarity and retroactive protection for past prosecutions.
- Constitutional: Facilitates due process in research by mandating expedited hearings and transparency, avoiding arbitrary denials, but the immediate applicability of scheduling could challenge fair notice for substances not previously listed.
- Political: Addresses the opioid crisis as a public health emergency, likely garnering bipartisan support by combining tough-on-crime penalties with pro-research provisions; it signals congressional intent to override administrative delays in scheduling, influencing future drug policy debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Griffith, H. Morgan [R-VA-9]
Cosponsors (61)
Rep. Latta, Robert E. [R-OH-5], Rep. Guthrie, Brett [R-KY-2], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Hudson, Richard [R-NC-9], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Palmer, Gary J. [R-AL-6], Rep. Dunn, Neal P. [R-FL-2], Rep. Crenshaw, Dan [R-TX-2], Rep. Joyce, John [R-PA-13], Rep. Pfluger, August [R-TX-11], Rep. Harshbarger, Diana [R-TN-1], Rep. Cammack, Kat [R-FL-3], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Womack, Steve [R-AR-3], Rep. Buchanan, Vern [R-FL-16], Rep. Miller, Carol D. [R-WV-1], Rep. Moolenaar, John R. [R-MI-2], Rep. Bost, Mike [R-IL-12], Rep. Evans, Gabe [R-CO-8], Rep. Fitzgerald, Scott [R-WI-5], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Cline, Ben [R-VA-6], Rep. Meuser, Daniel [R-PA-9], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Feenstra, Randy [R-IA-4], Rep. Nunn, Zachary [R-IA-3], Rep. Ciscomani, Juan [R-AZ-6], Rep. Stauber, Pete [R-MN-8], Rep. Wagner, Ann [R-MO-2], Rep. Balderson, Troy [R-OH-12], Rep. Higgins, Clay [R-LA-3], Rep. Ellzey, Jake [R-TX-6], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Fry, Russell [R-SC-7], Rep. Houchin, Erin [R-IN-9], Rep. Rogers, Harold [R-KY-5], Rep. Obernolte, Jay [R-CA-23], Rep. Webster, Daniel [R-FL-11], Rep. Burchett, Tim [R-TN-2], Rep. Scott, Austin [R-GA-8], Rep. Walberg, Tim [R-MI-5], Rep. Fischbach, Michelle [R-MN-7], Rep. Wittman, Robert J. [R-VA-1], Rep. Murphy, Gregory F. [R-NC-3], Rep. Franklin, Scott [R-FL-18], Rep. Baumgartner, Michael [R-WA-5], Rep. Ryan, Patrick [D-NY-18], Rep. Westerman, Bruce [R-AR-4], Rep. Lawler, Michael [R-NY-17], Rep. Hill, J. French [R-AR-2] and 11 more
Recent Actions
- 2025-02-10: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- 2025-02-06: Motion to reconsider laid on the table Agreed to without objection.
- 2025-02-06: On passage Passed by the Yeas and Nays: 312 - 108 (Roll no. 33). (text: CR H520-522) (Roll call 33)
- 2025-02-06: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 312 - 108 (Roll no. 33). (text: CR H520-522) (Roll call 33)
- 2025-02-06: Considered as unfinished business. (consideration: CR H533-535)
- 2025-02-06: POSTPONED PROCEEDINGS - At the conclusion of debate on the Trahan amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes prevailed. Mrs. Trahan demanded the yeas and nays and the Chair postponed further proceeding until a time to be announced.
- 2025-02-06: DEBATE - Pursuant to the provisions of H. Res. 93, the House proceeded with 10 minutes of debate on the Trahan amendment No. 2.
- 2025-02-06: DEBATE - The House proceeded with one hour of debate on H.R. 27.
- 2025-02-06: Rule provides for consideration of H.R. 27 with 1 hour of general debate. Motion to recommit allowed. The resolution makes in order only the further amendment printed in Part B of the Rules Committee report.
- 2025-02-06: Considered under the provisions of rule H. Res. 93. (consideration: CR H520-533)
- 2025-02-05: Rule H. Res. 93 passed House.
- 2025-02-04: Rules Committee Resolution H. Res. 93 Reported to House. Rule provides for consideration of H.R. 27 with 1 hour of general debate. Motion to recommit allowed. The resolution makes in order only the further amendment printed in Part B of the Rules Committee report.
- 2025-01-03: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Introduced in House
Bill Versions
- Halt All Lethal Trafficking of Fentanyl Act — issued 2025-02-06 — PDF (26 pages)
- Halt All Lethal Trafficking of Fentanyl Act — issued 2025-01-03 — PDF (24 pages)
- Halt All Lethal Trafficking of Fentanyl Act — issued 2025-02-10 — PDF (24 pages)