Dear Mr. Chairman and Senator Durbin,
I am writing on behalf of the members of the Fraternal Order of Police to advise you of our support for legislation that would make permanent the authority of the Drug Enforcement Administration to schedule fentanyl and fentanyl analogues as Schedule I substances under the Controlled Substances Act (CSA).
Fentanyl and fentanyl analogues are killing Americans. Data from the Centers for Disease Control and Prevention (CDC) has determined that approximately 108,000 Americans have died from a drug overdose in 2022, with 76% of those deaths—approximately 82,000—involving opioids such as fentanyl or other fentanyl-related substances. The Drug Enforcement Administration’s 2024 National Drug Threat Assessment concludes that fentanyl remains the primary cause of the ongoing epidemic of drug poisoning deaths in the United States.
In 2018, Congress gave the DEA the authority to execute class-wide scheduling of illicit fentanyl-related substances, or analogues, as Schedule I substances under the CSA. This authority is used to combat the work of clandestine chemists employed by drug traffickers to create new synthetic variations of fentanyl by introducing minor structural modifications, resulting in new, non-controlled fentanyl analogues specifically engineered to skirt U.S. law. The DEA uses its authority under Section 201 of the CSA to place all non-scheduled fentanyl-like substances into Schedule I temporarily, on an emergency basis, meaning that anyone who possesses, imports, distributes, or manufactures any illicit fentanyl analogue is in violation of the CSA. This makes it easier for law enforcement to investigate and prosecute traffickers and criminal organizations.
Congress has repeatedly and overwhelmingly voted to extend this temporary authority, but this is not a temporary problem. If we are serious about solving our nation’s fentanyl problem and reducing the number of Americans who perish from taking these drugs, then it is time to make this authority permanent.
The Fraternal Order of Police strongly recommends legislation that would provide an immediate and permanent extension to ensure that illicit fentanyl and any analogues remain on Schedule I. Without granting the DEA the authority to permanently classify fentanyl analogues as they become available, our communities and American lives remain in jeopardy.
On behalf of the more than 377,000 members of the Fraternal Order of Police, we strongly urge this Committee and the United States Senate to support and pass legislation to address the ongoing illicit fentanyl overdose epidemic that has gripped this country. If I can provide any additional information in support of this resolution, please do not hesitate to contact me or Executive Director Jim Pasco in our Washington, D.C. office.
Sincerely,
Patrick Yoes
National President