Expiring Ban on Fentanyl Analogues Is An Emergency Requiring Immediate Congressional Action

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Expiring Ban on Fentanyl Analogues Is An Emergency Requiring Immediate Congressional Action

The following press release was published by the U.S. Department of Justice, Office of the United States Attorneys on Jan. 29, 2020. It is reproduced in full below.

Fentanyl is a synthetic opioid 50 times stronger than heroin and 100 times more potent than

morphine. While it can help alleviate severe pain when properly prescribed by a physician, fentanyl

is also highly addictive and oftentimes deadly. We increasingly find it manufactured illegally in

China and Mexico, trafficked by the cartels into the United States, and sold on the streets at

great societal costs.

According to the Center for Disease Control and Prevention, more than 70,000 people died from drug

overdoses in 2017, making it a leading cause of injury-related death in the United States.

Sixty-eight percent of those deaths involved a prescription or illicit opioid; in roughly half of

those cases, the fatal opioid was fentanyl. We see those same trends continuing here in the

Southern District of Illinois. Last month, the Madison County coroner reported that most of the

drug overdose deaths his office reviewed in 2019 involved fentanyl. The stories of local families

directly impacted by those deaths are heartbreaking.

Efforts to curb illicit fentanyl trafficking have been challenged by the proliferation of numerous

chemical variations. These variations - known as fentanyl “analogues" - produce the same powerful

opioid effects as fentanyl but remain chemically distinct. Because federal law identifies and

regulates dangerous drugs according to their chemical properties, the ever-changing permutations of

these fentanyl analogues pose a significant problem. If a particular chemical compound is not

listed on the schedule of controlled substances, law enforcement is powerless to take action

against it.

Thankfully, for the past two years, this challenge has been alleviated through federal regulation.

On February 6, 2018, in recognition of the unprecedented escalation in opioid-related overdoses as

well as the White House directive to declare the opioid crisis a national public health emergency,

the Drug Enforcement Administration (DEA) used its emergency regulatory authority to place all

nonscheduled fentanyl-like substances on the list of banned substances. Today, anyone who

possesses, imports, distributes, or manufactures any illicit, fentanyl-like substance is subject to

criminal prosecution.

But that all can change next week. The DEA’s regulatory prohibition on fentanyl analogues is set to

expire on February 6, 2020. “We need immediate legislative action so law enforcement can continue

to regulate fentanyl," said U.S. Attorney Steve Weinhoeft. “Fentanyl is a serial killer drug. The

DEA continues to intercept variations of it being illicitly imported into the United States and

distributed by criminal networks, causing overdose deaths across the country, including here in

Southern Illinois. I urge extend the ban on fentanyl analogues so law enforcement will have the tools we need to keep our communities safe."

Source: U.S. Department of Justice, Office of the United States Attorneys

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