Grassley, Hassan Reintroduce SIMSA Act to Crack Down on Illicit Analogues

WASHINGTON – Senate Drug Caucus Co-Chair Chuck Grassley (R-Iowa) and caucus member Maggie Hassan (D-N.H.) today led bipartisan colleagues in reintroducing the Stop Importation and Manufacturing of Synthetic Analogues (SIMSA) Act. The legislation targets deadly drugs that are substantially similar to already-controlled substances but carefully engineered – often in China or Mexico – to slip into the U.S. undetected.  

“International drug traffickers are taking advantage of a gap in our laws. This has created a lethal game of ‘whack-a-mole.’ The SIMSA Act sends an explicit message the U.S. is done playing,” Grassley said. “Law enforcement is struggling to keep pace under the inefficient scheduling system we have, and communities are dealing with an unprecedented drug crisis as a result. Our legislation provides much-needed adaptability to get ahead of bad actors and their deadly synthetics.” 

“Communities across New Hampshire have been devastated by fentanyl and other deadly drugs. Fentanyl analogues pose just as severe a threat as fentanyl itself, and criminals have deliberately engineered these drugs to circumvent our laws and evade bans,” said Hassan. “Our bipartisan legislation will provide law enforcement with the necessary tools to crack down on the criminals flooding our streets with these drug analogues. I urge my colleagues to support this effort to protect our communities and save lives, and I will keep working to combat the fentanyl crisis.”

Joining Grassley and Hassan are Sens. Joni Ernst (R-Iowa), Shelley Moore Capito (R-W.Va.) and Jeanne Shaheen (D-N.H.). 

“The danger of lethal drugs and fentanyl pouring over our border and into our communities is too great to ignore. We have lost too many Iowans to rapidly evolving synthetic drugs that bypass the very federal laws meant to ban them,” said Senator Ernst. “That’s why I’m working across the aisle to ensure law enforcement officials have the tools they need to curb the influx of deadly synthetic drugs.”

“According to the West Virginia Department of Health and Human Resources, fentanyl and fentanyl analogues were involved in 76% of all drug overdoses in West Virginia in 2021,” Senator Capito said. “These deadly substances are flowing into our communities from China and across our southern border, and criminals know that they can get around existing law by slightly changing the chemical makeup of a drug while still having the same negative effect on the human body. This legislation will allow for law enforcement to crack down on synthetic drugs and save lives.”

“When synthetic drugs, such as analogues to deadly drugs like fentanyl, can be quickly modified to evade federal laws designed to ban them, lives across our communities are put at risk,” Shaheen said. “We must act with urgency to solve this crisis, which is why I’m proud to help introduce the bipartisan Stop the Importation and Manufacturing of Synthetic Analogues Act to stop dangerous drug traffickers, give law enforcement the authority they need to get these drugs out of communities and stem the spread of deadly synthetic opioids." 

The bill is endorsed by the Fraternal Order of Police.

Background: 

U.S. law prohibits the unauthorized use of certain controlled substances. However, illicit drug makers and importers circumvent those laws by altering single atoms in controlled substances to create tweaked drugs that are not yet outlawed, but have similar effects on users. Currently, uncontrolled substances must undergo a time-consuming analysis before the Drug Enforcement Administration (DEA) can permanently schedule them. 

The SIMSA Act allows DEA to assign substances as Schedule A if (1) their chemical structure is substantially similar to a controlled substance and (2) they are expected to have the same or greater effect on the human body. The bill subjects individuals who manufacture, export and import these uncontrolled substances to the criminal penalties associated with Schedule A. It also includes provisions to ensure legitimate research on substances added to Schedule A can continue. SIMSA gives law enforcement the tools they need to keep up with drug cartels and emerging drug threats. Grassley introduced the SIMSA Act in 2019 and 2021.