Bills
| 3.23.22

Should Synthetic Drugs (Like the Opioid Fentanyl) be a New Class of Controlled Substances? (H.R. 2851)

Do you support or oppose this bill?

What is H.R. 2851?

(Updated March 12, 2022)

This bill — the SITSA Act — would create a new Schedule A to the Controlled Substances Act’s five existing schedules to create a mechanism for adding synthetic analogues for illegal drugs to the list of banned substances. It would also add 13 synthetic fentanyls — a form of opioid used as a pain medication — to Schedule A and establish penalties for the unlawful distribution, importation, or export of the drugs.

Penalties for a first offense involving distribution would be up to 10 years imprisonment plus fines of up to $500,000, or 15 years if death or serious injury results from the drug’s use. An offense with a prior felony drug conviction would carry a sentence of up to 20 years plus fines of up to $1 million, or 30 years in cases of death or serious injury. Sentences would include at least two years of supervised release for first-time offenders, while that would be increased to at least four years for repeat offenders.

A first offense involving the import or export of such substances would be punishable by up to 20 years imprisonment, or up to life imprisonment in cases of death or serious injury. If a violation follows a prior felony drug conviction the penalty would be up to 30 years imprisonment, or up to life imprisonment in cases of death or serious injury. Sentences would include at least three years of supervised release for first-time offenders, while that would be increased to at least six years for repeat offenders.

Individuals who wish to handle the substances (like researchers or chemists) would have to register with the Drug Enforcement Administration (DEA) and pay a fee. Revenue from fees would go toward covering the cost of overseeing those who register.

The bill’s full title is the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017.

Argument in favor

This bill will help put a stop to the importation and distribution of dangerous synthetic drugs by giving law enforcement the tools they need to keep traffickers of these drugs off the streets.

Argument opposed

There are already laws on the books that can be used to designate synthetic drugs as illegal and to punish their traffickers so this bill, while well-intended, is unnecessary.

Impact

Drug offenders sentenced under this bill; law enforcement; courts and the corrections system; and DEA and the Dept. of Justice.

Cost of H.R. 2851

The CBO estimates that enacting this bill would have an insignificant impact on federal spending and revenues.

Additional Info

In-Depth: Sponsoring Rep. John Katko (R-NY) introduced this bill to combat the synthetic drug epidemic:

“Just a few weeks back, we saw a record surge in synthetic drug overdoses in Syracuse. Sadly, this has become all too commonplace in our community. Today, I’m proud to stand here with some of the individuals from across Central New York who work on the front lines each and every day to combat this epidemic. The legislation I’ve introduced will help stop the unlawful importation and distribution of synthetic drugs and give our law enforcement the effective tools they need to keep our community safe.”

Several conservative groups — including FreedomWorks, the American Conservative Union Foundation, Generation Opportunity, and the Taxpayers Protection Alliance — expressed opposition to this bill writing:

“If passed, H.R. 2851 will broadly expand penalties for drug offenses, concentrate power within the Department of Justice, punish people who lack criminal intent, and overcriminalize certain behavior. The legislation attempts to address the very real problem of synthetic opioid overdoses in the United States, but we believe that its methods are misguided. Instead of punishing people who use drugs and low-level dealers, legislation should focus on expanding treatment opportunities targeting the international drug trade.”

This legislation passed the House Judiciary Committee on a voice vote and has the support of 65 bipartisan cosponsors, including 58 Republicans and seven Democrats.


Media:

Summary by Eric Revell

(Photo Credit: Hailshadow / iStock)