Biden proposes permanent scheduling plan for fentanyl related substances to Congress

The Biden Administration is asking Congress to permanently classify illicit fentanyl and its analogs as a Schedule I substance.

The Centers for Disease Control and Prevention estimates that a record 93,000 people died in the U.S. of drug overdose deaths in 2020. The White House stated that synthetic fentanyl is “the fastest growing driver of overdoses” in recent years.

In Ohio, fentanyl and its analogs contributed to more than 13,000 unintentional overdoses between 2014 and 2019, according to the state’s department of health. In 2019, fentanyl contributed to 3,070 unintentional overdose deaths, representing 76.2 percent of all unintentional overdose deaths that year.

In Feb. 2018, the U.S. Department of Justice issued a temporary order classifying fentanyl related substances as Schedule I drugs. That temporary order has been extended several times. Most recently the scheduling was extended through Oct. 22.

The White House’s permanent scheduling proposal was developed by Office of National Drug Control Policy, the Department of Health and Human Services, and the Department of Justice.

“By acting on these recommendations, Congress can take decisive action against the fastest growing driver of overdoses in the country, while protecting civil rights and encouraging scientific research,” ONDCP Acting Director LaBelle said in a statement. “At the same time, it is critical for Congress to fund the President’s Budget request, which includes $10.7 billion to expand access to substance use prevention, treatment, harm reduction, and recovery support services.”

U.S. Sen. Rob Portman, R-Ohio, introduced a bill to permanently schedule fentanyl-related substances early this year. Portman said in a statement the White House’s proposal is consistent with the bill he proposed with West Virginia Democrat Sen. Joe Manchin.

“Not only is a permanent solution critical in our battle against addiction in this country, but it is also vital in ensuring law enforcement can continue to protect our communities by bringing criminal actions against individuals who manufacture, distribute, or handle these deadly drugs,” Portman said.

Following the announcement, The Leadership Conference on Civil and Human Rights and Drug Policy Alliance issued a statement criticizing the proposal. Drug Policy Alliance Office of National Affairs Director Maritza Perez said combating fentanyl-related overdoses must be about saving lives instead of “continuing down a path of punishment.

“We cannot continue doing the same thing and expect to get different results,” Perez said. “Despite the Biden administration’s stated commitment to criminal justice reform and ending racial disparities in the system, the recommendation to permanently schedule fentanyl-related substances echoes the failed drug policies of our past. Today’s proposal is reminiscent of these policies, which led to over policing and enforcement, disproportionately impacted people of color, overcrowded prisons, and cost lives.

“This proposal is a major step backwards in the fight to dismantle the harms of the past and save lives,” Perez said.

In Ohio, fentanyl and its analogs contributed to more than 13,000 unintentional overdoses between 2014 and 2019, according to the state’s department of health.