WASHINGTON – Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, today joined Sens. Chuck Grassley (R-Iowa), Bill Cassidy (R-La.) and Martin Heinrich (D-N.M.) in introducing the Halt All Lethal Trafficking of (HALT) Fentanyl Act, which would permanently list fentanyl-related substances as Schedule I substances under the Controlled Substances Act.

“Americans know the carnage of fentanyl all too well. The HALT Fentanyl Act would save lives in Louisiana and across the country by empowering law enforcement to seek justice against dealers who work with cartels to profit off feeding poison to Americans,” said Kennedy.

Fentanyl is a scheduled substance, but Mexican drug cartels make small chemical tweaks to fentanyl to produce drugs—fentanyl-related substances—with similar dangerous effects that are not controlled.

In response to this crisis, the DEA exercised its authority to temporarily classify fentanyl-related substances as Schedule I under the Controlled Substances Act. That temporary scheduling order will expire on March 31, 2025 if Congress does not act.

Under the HALT Fentanyl Act, fentanyl-related substances would remain Schedule I. In addition, the bill clarifies that the mandatory minimum penalties that apply to fentanyl also apply to the trafficking of fentanyl-related substances.

“Today, roughly 150 Americans will die from fentanyl poisoning. Cartels fuel this crisis by marketing their poison as legitimate prescription pills. They also avoid regulation by chemically altering the drugs to create powerful fentanyl knock-offs. Congress closed that loophole by temporarily classifying fentanyl related substances under Schedule 1. The HALT Fentanyl Act would make permanent fentanyl related substances’ Schedule 1 classification and ensure law enforcement has the tools they need to combat these deadly drugs,” said Grassley. 

“The Biden administration’s open border was an invitation to drug cartels smuggling Chinese fentanyl into the U.S., fueling the U.S. overdose epidemic. Law enforcement must have the tools necessary to combat this trend. We cannot let this Schedule I classification lapse,” said Cassidy. 

“We’re losing more than 100,000 Americans each year to illicit fentanyl overdoses. I refuse to accept this reality, and that’s why I’m working to deliver tools law enforcement personnel need to keep deadly fentanyl off our streets and out of our communities. Permanently scheduling fentanyl and its analogues will help federal and local law enforcement crack down on illegal trafficking and allow prosecutors to build stronger, longer-term criminal cases. Our HALT Fentanyl Act will help stop the flow of these deadly drugs into our communities and save lives,” said Heinrich.

Background:

• The Centers for Disease Control and Prevention estimated that in 2023 there were 81,083 overdose deaths in the U.S. that involved opioids.

• In March 2023, Kennedy introduced the Fairness in Fentanyl Sentencing Act, which would have made sure fentanyl-trafficking sentences reflected the deadliness of the substance. Senate Democrats blocked the bill in May 2023.

• In 2024, U.S. Customs and Border Protection seized 21,889 pounds of fentanyl, enough to kill more than 4.9 billion people (assuming a lethal dose of two milligrams)—or enough to wipe out the entire U.S. population more than 14 times over. 

Sens. Roger Marshall (R-Kan.), Todd Young (R-Ind.), Steve Daines (R-Mont.), Eric Schmitt (R-Mo.), Maggie Hassan (D-N.H.), Shelley Moore Capito (R-W.Va.), Ruben Gallego (D-Ariz.), Catherine Cortez Masto (D-Nev.), Mike Rounds (R-S.D.) and Jeanne Shaheen (D-N.H.) cosponsored the legislation. 

The full bill text is available here.