Biden's Support For HALT Fentanyl Act Alarms Criminal Justice Reform Organizations

In a letter circulating among national criminal justice reform organizations, concerns are raised about the White House's Statement of Administration Policy (SAP) on H.R. 467 of the Halt All Lethal Trafficking (HALT) Fentanyl Act and its failure to address expanding mandatory minimums.

“Despite the Biden Administration campaigning on a policy of ending Mandatory Minimums, the HALT Act does the opposite. And with the SAP they put out yesterday, they are not only expressing their support for the policy but also asking Congress to throw their support behind it when it receives a House floor vote tomorrow. This bill will not only be incredibly detrimental to criminal justice reform efforts, but it will also exacerbate the overdose crisis and do nothing to further the public health solutions we urgently need,” Matt Sutton of Drug Policy Alliance (DPA) told Benzinga.

What Does The Letter Say?

• The HALT Fentanyl Act does not incorporate critical aspects of the Biden Administration's 2021 proposal on fentanyl-related substances scheduling, including a streamlined process for identifying and rescheduling substances with low abuse potential and studying the impact on research, civil rights, and illicit manufacturing and trafficking.
• These flaws in the HALT Fentanyl Act make it imperative for Congress to vote against the bill, as it contradicts smart public health and public safety measures and the Administration's stance on permanent scheduling.
• The SAP does not mention the act's entrenchment and expansion of mandatory minimums, which apply to both fentanyl-related substances (FRS) and non-FRS fentanyl-analog trafficking.
• Punishing FRS through mandatory minimums is problematic since they are defined solely based on molecular structure, without considering their pharmacological effect. This can lead to harsh sentences for distributing harmless substances or substances that reverse the effects of a fentanyl overdose.
• Enacting mandatory minimum sentences without regard to the substance's harm or helpfulness is inconsistent with the promise to end mandatory minimum sentencing and the Administration's commitment to racial justice.
• Racial disparities in fentanyl-analog trafficking sentencing are significant, with Black people comprising 61.5% and Latinos 24.8% of those sentenced in FY2021. Supporting HALT would worsen these disparities.
• Permanent scheduling of FRS does not address the fentanyl overdose crisis effectively, hinders research on overdose-prevention treatments, discourages individuals from seeking help, and imposes harsh punishments on drug users.
• The Biden Administration's SAFE Act recognizes the need to avoid mandatory minimum sentences and provides opportunities for delisting or rescheduling substances, which the HALT Fentanyl Act lacks.
• Supporting the HALT Fentanyl Act means supporting an unprecedented expansion of mandatory minimums.

"The HALT Fentanyl Act contains no equivalent protection --- it entrenches and expands mandatory-minimum sentencing for FRS and fentanyl analog trafficking. Because the Administration’s SAP has inexplicably failed to flag this important point, it falls to us to make it clear: to support the HALT Fentanyl Act is to support an unprecedented expansion of mandatory minimums," per the letter.

This alarming move undermines public health solutions and exacerbates the overdose crisis. The organizations urge Congress to reject the bill, emphasizing the need for smart reform and racial justice. "We ask the Administration to issue a clear statement against the HALT Fentanyl Act and we ask Congress to vote no on this legislation."

It's time for comprehensive solutions that prioritize reform and public well-being.

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Photo: Courtesy Of Joshua Sukoff On Unsplash