Us Congress 2023-2024 Regular Session

Us Congress House Bill HB568

Introduced
1/26/23  
Refer
1/26/23  

Caption

SAFE Act Save Americans from the Fentanyl Emergency Act

Impact

With the passage of HB 568, the classification of fentanyl-related substances will change, leading to modified penalties associated with their possession and distribution. The bill proposes to remove the mandatory minimum penalties for certain amounts of fentanyl-related substances under specific conditions, which supporters argue is necessary to address the nuanced nature of drug abuse and addiction. However, reducing penalties for lower quantities may lead to concerns from both law enforcement and community advocacy groups about potential increases in misuse and trafficking of these substances, complicating the public health crisis around drug abuse.

Summary

House Bill 568, titled the 'Save Americans from the Fentanyl Emergency Act' or the 'SAFE Act', aims to amend the Controlled Substances Act specifically in relation to fentanyl-related substances. This legislation seeks to establish a clearer framework for the scheduling of fentanyl analogues and other related substances, marking a significant shift in how these drugs are classified under federal law. The primary objective of the bill is to combat the growing fentanyl crisis by implementing stricter regulations and defining what constitutes a fentanyl-related substance more precisely, thereby aiding law enforcement and regulatory bodies in their efforts to control these powerful drugs.

Contention

The bill has spurred debate among legislators and stakeholders with differing opinions on its implications. While proponents emphasize the need for a more flexible and effective approach to tackling the fentanyl epidemic, critics argue that the removal of certain penalties could undermine efforts to deter drug trafficking and abuse. Additionally, there are concerns about whether the bill adequately addresses underlying issues such as addiction treatment and public health education, which are essential components of a comprehensive strategy against the fentanyl crisis.

Companion Bills

US HB171

Related Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances, waiving the requirement for a new inspection in certain situations, and allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

US HB467

Related Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances, waiving the requirement for a new inspection in certain situations, and allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

US SB600

Related Stopping Overdoses of Fentanyl Analogues Act

US HB1580

Related CEASE Overdose Act of 2023 Continuous and Enduring Action to Stop Every Overdose Act of 2023

US SB1141

Related HALT Fentanyl Act Halt All Lethal Trafficking of Fentanyl Act

US HB3629

Related Federal Initiative to Guarantee Health by Targeting Fentanyl Act

Similar Bills

US HB467

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances, waiving the requirement for a new inspection in certain situations, and allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

US SB1141

HALT Fentanyl Act Halt All Lethal Trafficking of Fentanyl Act

US HB1758

SIFT Act of 2023 Stopping Illicit Fentanyl Trafficking Act of 2023

US HB4272

Stop Fentanyl Now Act of 2023

US HB3375

STOP Fentanyl Overdoses Act of 2023 Support, Treatment, and Overdoses Prevention of Fentanyl Overdoses Act of 2023

US SB522

SMART Cocaine Sentencing Act Start Making Adjustments and Require Transparency in Cocaine Sentencing Act

US HB27

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl ActThis bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term).Additionally, the bill establishes a new, alternative registration process for certain schedule I research.The bill also makes several other changes to registration requirements for conducting research with controlled substances, includingpermitting a single registration for related research sites in certain circumstances,waiving the requirement for a new inspection in certain situations, andallowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.Finally, the bill expresses the sense that Congress agrees with the interpretation of Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.

US SB389

Justice Against Sponsors of Illicit Fentanyl Act of 2023