Senator Ron Wyden announced Thursday his plan to object to any unanimous consent request to advance a bill that aims to amend the Controlled Substances Act in a way that would require electronic communication service providers to report to the Attorney General specific substance violations.
Wyden, a Democrat, started the objection by acknowledging the fentanyl crisis in the U.S. and arguing that this bill, the Cooper Davis Act, fails to address this in the right way.
“Instead, it would mandate that platforms scan their users' communications for anything that could be interpreted as being about selling or using drugs,” Wyden wrote. “Given this country's experience with the failed 'War on Drugs,' it is easy to predict that communities of color will disproportionately have their conversations surveilled and referred for prosecutions, which is why it is opposed by civil rights groups, including the ACLU, NAACP and Leadership Conference on Civil and Human Rights.”
The legislation aims to amend the Controlled Substances Act requiring electronic communication service providers to report suspected unlawful sale or distribution of fentanyl, methamphetamine or counterfeit controlled substance. Cannabis was not specified.
Those providers who fail to comply will be fined not more than $190,000 for the first violation and not more than $380,000 for the second or any subsequent violation.
“Further, forcing a platform to decide what represents a drug transaction means that lots of innocent people will be referred for investigation and prosecution,” the senator continued. “Finally, the reporting structure of this legislation is likely to produce large numbers of meritless referrals to the Drug Enforcement Administration and do little to address the real causes of the fentanyl epidemic or protect vulnerable communities.”
The news comes on the heels of Wyden, together with Democratic senator Jeff Merkley, Democratic Rep. Earl Blumenauer and Republican Senator Rand Paul reintroducing the Hemp Access and Consumer Safety Act.
The reintroduction came seven months after the FDA announced it will not regulate CBD products as food and dietary supplements.
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