The Senate on Friday approved legislation that would make permanent strict controls and harsh criminal penalties on fentanyl-related drugs. Several Democrats joined all Republicans in approving the bill, which because of minor changes now must pass the House again before it goes to President Trump’s desk.
The bill, which passed the Senate by a vote of 84 to 16, is just the second legislative victory for the new G.O.P.-controlled Congress. It would permanently list fentanyl analogues — copycat drugs that are chemically similar to fentanyl but different enough to sidestep current federal laws — as Schedule I controlled substances, a designation that mandates severe prison sentences for highly addictive, nonmedicinal chemicals like heroin and L.S.D.
Fentanyl-related drugs have been temporarily classified as Schedule I since 2018, but the designation was set to expire at the end of March. The House voted 312 to 108 last month to send the bill making the designation permanent to the Senate, with 98 Democrats joining nearly all Republicans. Similarly broad approval of the revised bill is expected when it votes again on the Senate changes.
“No longer do drug enforcement agencies need to play this game of Whac-a-Mole every time a cartel comes up with a new fentanyl knockoff,” Senator Charles E. Grassley, Republican of Iowa, said in a floor speech before the vote. “It’s a nightmare for law enforcement. So no longer will Congress be kicking the can down the road with temporary extensions.”
The bipartisan vote reflected agreement among Republicans and a solid bloc of Democrats that stiffening penalties for fentanyl-related drugs is a necessary component of the continued federal response to the nation’s overdose crisis.
According to the Centers for Disease Control and Prevention, there were roughly 76,000 synthetic opioid overdose deaths in 2023, with fentanyl being a main culprit. Notably, the country saw a remarkable decline in overdose deaths in 2023, although policymakers and treatment experts say drug-related deaths are still alarmingly high.