Legal & Legislative Updates
Steps Taken to Control Fentanyl
(Spring 2018) President Trump recently approved the International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology (INTERDICT) Act, which is designed to curb smuggling of synthetic fentanyl into the country. The measure was introduced by Ohio’s U.S. Senator Sherrod Brown and supported by Senator Rob Portman, also a Congressional leader from the Buckeye State. The two have a personal stake in this bill, as Ohio has been deeply affected by the opioid crisis.
The new legislation allocates $15 million to U.S. Customs and Border Protection (CBP) to purchase chemical screening tools that can identify fentanyl and other dangerous drugs as they arrive in the United States via ports, U.S. mail and other carriers.
Fentanyl has legitimate medical uses for managing severe pain, but the manmade opioid can also be deadly when used incorrectly. It is 50 times more powerful than heroin and 100 times stronger than morphine. Not only is fentanyl a large factor in the current fatal overdoses throughout the United States, it can be dangerous or deadly for law enforcement staff, even if an officer only encounters a trace amount of it.
Additionally, Senator Portman has sponsored the STOP Act, along with Senator Brown, which would permit a more detailed look at packages arriving via U.S. mail. Portman’s bill is being reviewed by committees in both the House and Senate. If passed, this measure would help cut off the flow of fentanyl and other opioids from drug makers in China into the hands of Americans through the U.S. Postal Service (USPS). Currently, fentanyl can be easily ordered through the internet and purchased primarily with cryptocurrency, but sellers also accept Western Union, MoneyGrams, PayPal and credit cards.
USPS is the carrier of choice for online drug makers. The postal service’s extremely high volume of packages makes it difficult to screen them all in detail.
In other efforts to discourage fentanyl trafficking, the Drug Enforcement Administration (DEA) has moved to classify illegal varieties of fentanyl. This will make the prosecution of traffickers of all fentanyl types less difficult. Legal fentanyl is listed as a Schedule II drug, classified as extremely addictive but with valid medical applications. However, the DEA’s new classification makes illegal fentanyl a Schedule I drug, in the same category as heroin. Schedule I drugs are defined as addictive and with no medical use. Classifying all forms of fentanyl will allow law enforcement to prosecute those who are illegally selling the dangerous drug.
At this time, the DEA’s classification order will be valid up to 24 months, with the chance of another 12-month extension if specific circumstances occur. Attorney General Jeff Sessions also encouraged Congress to make these new fentanyl classifications permanent.
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