Anti-fentanyl legislation in the United States

Beginning in 2022 and especially in 2023, the United States Congress has introduced and passed numerous pieces of legislation tackling opioids, fentanyl, and the opioid epidemic within America. Many of these bills have been introduced by members of the Republican Party, and some pieces of legislation have attracted bipartisan support from members of the Democratic Party. Most legislative efforts have arisen during the 117th and 118th Congresses.

Stop Fentanyl Border Crossings Act
The Stop Fentanyl Border Crossings Act is pending United States legislation introduced in both the 117th and 118th congresses. If enacted, the legislation would enable the Department of Health and Human Services to use Title 42 expulsion procedures and the Remain in Mexico policy to help combat the smuggling of fentanyl into the United States. to combat substantial, dangerous drug trafficking across the border. This power is allotted specifically to the Secretary of the Department.

Legislative history
The bill is most prominently sponsored by Senators Bill Hagerty of Tennessee and Roger Marshall of Kansas, and originally introduced by both senators as S.3959 with four more Republican cosponsors. In the 118th Congress, the bill was reintroduced by Tennessee Representative Scott DesJarlais and introduced as HR X.

In the 117th Congress, the bill was blocked by president pro tempore Patty Murray, on grounds related to the expiration of Title 42 expulsion procedures. The bill has been reintroduced in the 118th congress, albeit only in the house, by DeJarlais as House Resolution 1210; the legislation has presently been referred to the House Committee on Energy and Commerce.

Support
The bill has received support from the Orange County Sheriff's Department in California, which stated through sheriff Don Barnes that the act "is needed legislation that will bolster the needed enforcement component [to prevent fentanyl from arriving in the United States]". Further support from California in favor of the bill was found in the Malibu Times, which ran an op-ed with the tag "From the Right" arguing not only that the bill greatly enhances the ability of law enforcement to block fentanyl from entering the country but also that the source of at least the raw materials for much of the fentanyl trade comes from enterprises based in the People's Republic of China, and that the Chinese government is potentially one of the forces behind the fentanyl influx.

Felony Murder for Deadly Fentanyl Distribution Act
The Felony Murder for Deadly Fentanyl Distribution Act is pending United States legislation originally introduced in the 117th Congress which has since been reintroduced in the 118th Congress as S.380. The bill, akin to its name, modifies Title 18 of the United States Code, specifically sections 1111, to give capital punishment or life imprisonment to individuals who distribute fentanyl. The bill defines "distributing fentanyl" as striking fentanyl within an individual.

The minimum amount of fentanyl needed to meet the bill's criteria for capital punishment is two grams or half a gram depending on the fentanyl variant, and the individual charged must have the knowledge of intentionally distributing fentanyl. The distribution of fentanyl must also result in the death of the victim.

Legislative history
The bill's leading sponsor is Florida senator Marco Rubio and has attracted sixteen cosponsors, all Republican senators. The bill has also been introduced in the House as H.R. 916 by Texas representative Tony Gonzales.

Support
The bill has received support from Louisiana locals, as WAFB ran stories of people whose family members lost their lives to fentanyl and have expressed a desire to see the bill passed. Rubio and Gonzales further argued that the Biden administration should do more to prevent illegal narcotics from entering the country, especially those which can tie their origins to mainland China. Many other Republicans in Congress issued statements supporting the passage of the legislation, such as Josh Hawley, Ted Budd, Joni Ernst, Tom Cotton, and Ted Cruz.

END FENTANYL Act
The END FENTANYL Act (Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life) is pending legislation named for and targeting fentanyl overdoses.

The bill would require U.S. Customs and Border Protection to update its Office of Field Operations' policies and manuals every three years or more frequently on the prevention of drug and human smuggling, and report any and all changes to its manuals to House and Senate committees.

Though titled to end fentanyl specifically, the provisions within section 2 of the bill do not specifically mention fentanyl, and the legislation states it does not only target fentanyl but also other illegal substances, as well as human trafficking.

Legislative history
The bill was introduced by Republican Senator Rick Scott from Florida and Republican representative Michael Guest from Mississippi in both the 117th and 118th congresses; Scott's bill passed the Senate by unanimous consent during the 117th Congress on December 14, 2022, but never reached the House of Representatives.

In the 118th Congress, the bill was reintroduced by Scott and Guest in their respective houses of Congress; three other Republicans and four Democrats cosponsored Guest's bill, and Scott's bill was cosponsored by Republican Mike Braun and Democrats Jacky Rosen, Dianne Feinstein, and Maggie Hassan.

The bill passed the Senate by unanimous consent on June 22, 2023.

Justice Against Sponsors of Illicit Fentanyl Act of 2023
The Justice Against Sponsors of Illicit Fentanyl Act of 2023 was introduced by Republican Senator John Thune of South Dakota. The bill would enable American fentanyl survivors and civilians whose family members died or otherwise fell victim to illegal fentanyl to bring lawsuits against nations which sponsor the illegal smuggling trafficking.

Legislative history
Introduced as S.380 on February 9, 2023, the legislation highly resembles the Justice Against Sponsors of Terrorism Act, and to enable such suits, the bill would rollback judicial immunities in the American legal system against nations who engage in or enable the illegal smuggling of fentanyl into US territory.

HALT Fentanyl Act
The HALT Fentanyl Act (Halt All Lethal Trafficking) is pending legislation introduced in the House during the 118th congress by Republican Morgan Griffith from Virginia and originally cosponsored by Ohio Republican Bob Latta.

Initially introduced as H.R. 171, a second version of the bill, H.R. 467 received over 40 cosponsors. The bill, referred to the House committees on the Judiciary as well as on Energy and Commerce, would permanently designate fentanyl as a Schedule 1 narcotic under the Controlled Substances Act.

The bill is entirely cosponsored and generally supported by Republicans, and H.R. 467 of the legislation passed committees; it is due for a full house vote soon.

Public opposition
The bill has received opposition from some organizations for criminalizing chemically similar substances that potentially can be used for legitimate medical purposes or therapies; such backers of this argument include the American Civil Liberties Union and Human Rights Watch.

The latter in particular highlighted that history might repeat itself similar to the crack cocaine epidemic, in how legislation on preventing crack cocaine harmed black populations with more severe penalties compared to white populations, as more severe offenses would be held out to crack, historically affiliated with black populations, than cocaine, conversely affiliated with white populations.