HALT Fentanyl Act
The HALT Fentanyl Act would place fentanyl-related substances (FRS) under Schedule I of the Controlled Substances Act, meaning they would be treated with the strictest federal controls unless specifically exempted or listed in another schedule. It defines FRS broadly by structural relationships to fentanyl and allows the Attorney General (AG) to publish a list of substances that meet the definition, while clarifying that substances not on the list can still be controlled if they fit the definition. The bill also creates a new, streamlined pathway for approved researchers to work with Schedule I substances (including fentanyl-related ones) through expedited registration procedures, expands cross-site registrations within institutions, relaxes certain inspection requirements in specific research contexts, and provides for manufacturing activities linked to research without separate manufacturing registrations, all under tighter regulatory oversight and with enhanced transparency. The act also sets interim rulemaking to implement the changes, and tightens penalties and import/export controls to cover fentanyl-related substances alongside existing fentanyl analogs.
Key Points
- 1Scheduling of fentanyl-related substances (FRS)
- 2- Adds a broad schedule I designation for any material containing a fentanyl-related substance, including salts and isomers, unless exempted or listed elsewhere.
- 3- Provides a detailed definition of what counts as a fentanyl-related substance, based on specific structural modifications to fentanyl’s core framework.
- 4- Allows the AG to publish a Federal Register list of FRS, but absence from the list does not remove the substance from control if it meets the definition.
- 5Research-related registration and procedures
- 6- Creates an alternative, expedited path for researchers to work with Schedule I substances, including fentanyl-related substances, under specific conditions.
- 7- Establishes expedited procedures for researchers with or without current Schedule I registrations, including a 30-day notification and a 45-day AG decision window (or faster through other triggers).
- 8- Requires electronic submission options and sets limits on quantities for research, with mechanisms to modify those quantities as needed.
- 9Institutional and site-related provisions
- 10- Allows related researchers within the same institution to operate under a single registration for related sites, with notice to the AG and attribution of actions to the registered researcher.
- 11- Allows a single registration for research conducted across multiple sites within the same city/county under the same institution, with site-notification requirements and regulatory oversight for delivery, storage, and recordkeeping.
- 12Compliance, inspections, and transparency
- 13- Adds specific exceptions to certain inspection requirements in cases where a second substance in the same or higher schedule is being researched under a registered program.
- 14- Requires the AG to publish, with transparency, determinations about any special procedures for certain substances, including the process, criteria, and how it differs from other substances.
- 15Manufacturing activities tied to research
- 16- Permits limited manufacturing activities for small quantities related to research without a separate manufacturing registration, as long as activities are part of the research plan and properly documented.
- 17- Specifies what manufacturing activities are allowed (e.g., creating extracts, dosage form development) and excludes marihuana from these manufacturing allowances.
- 18Penalties and regulatory scope
- 19- Extends penalties under the CSA and related import/export statutes to include fentanyl-related substances as analogs of controlled fentanyl compounds.
- 20- Defines fentanyl-related substances in a way that aligns penalties with existing analog frameworks.
- 21Rulemaking and effective date
- 22- Requires the AG to issue interim final rules within six months of enactment, with a pathway for final rulemaking and public comment.
- 23- The amendments apply as of enactment, even if final rules are not yet in place.
- 24Definitions and cross-references
- 25- Adds a specific cross-reference definition for “fentanyl-related substance” in the general Federal drug terminology, aligning it with the Schedule I definition in the bill.