Grassley, Hassan Move to Extend Fentanyl Analogue Scheduling Order

WASHINGTON – Senate Drug Caucus Co-Chair Chuck Grassley (R-Iowa) and caucus member Maggie Hassan (D-N.H.) are seeking to extend through December 31, 2025, the Drug Enforcement Administration (DEA)’s temporary order classifying fentanyl-related drugs as Schedule I. Congress has passed this extension multiple times since 2018; the current order is set to expire on December 31 of this year. 

“Prior to 2018, it was near impossible to combat fentanyl look-a-likes. The DEA’s emergency restrictions have helped law enforcement identify these deadly drugs and prevent them from reaching our communities. We can’t afford to let our guard down by allowing these critical restrictions to sunset. Meanwhile, lawmakers, researchers and others will keep working towards permanent solutions,” Grassley said. 

“New Hampshire knows all too well the devastating effects of the fentanyl crisis on our communities,” Hassan said. “This commonsense bipartisan bill will extend prohibitions against fentanyl-related substances so that law enforcement can continue to investigate and interdict these harmful substances as we continue to combat the fentanyl epidemic on all fronts.”

Grassley and Hassan are joined by Sens. John Cornyn (R-Texas), Jeanne Shaheen (D-N.H.), Catherine Cortez Masto (D-Nev.), John Kennedy (R-La.) and Amy Klobuchar (D-Minn.). 

Background:

Fentanyl is a controlled substance, meaning U.S. statute prohibits its use. However, illicit drug manufacturers and traffickers, often in China and Mexico, are sidestepping the law by producing fentanyl analogues – drugs that are substantially similar to fentanyl, but tweaked ever so slightly – to push potent substances that can slip into the U.S. on a technicality.

To keep pace with rapidly evolving drugs and combat opioid-related deaths, DEA in 2018 temporarily restricted all fentanyl analogues. This legislation would extend that 2018 restriction. Grassley and Hassan also teamed up on the SIMSA Act, a long-term solution that would stiffen criminal penalties against those who manufacture, export and import fentanyl analogues and equip law enforcement with effective tools to crack down on cartels and other drug threats.