Williams: Congress' new bill against fentanyl may miss the mark

Fentanyl recovered from a home in Carlsbad, New Mexico.
Fentanyl recovered from a home in Carlsbad, New Mexico.
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Last week, the U.S. House of Representatives passed H. R. 467, the HALT All Lethal Tracking of (HALT) Fentanyl Act. This bill permanently places Fentanyl-related substances as a class into Schedule 1 of the Controlled Substances Act.

Schedule 1 controlled substances have a high potential for abuse, have no currently accepted medical value, and are subject to criminal penalties under the Controlled Substances Act. It is a felony to possess Schedule 1 drugs.

In a press release, Congressman Richard Hudson, who represents part of Cumberland County, said: “We need to give law enforcement every tool possible to fight the deadly poison in every form. That’s why I am proud of my HALT Fentanyl Act to help curb the presence of fentanyl in the United States and reduce deaths.”

Troy Williams
Troy Williams

The concern for fentanyl is understandable. According to the Centers for Disease Control and Prevention (CDC), the synthetic opioid is up to 50 times stronger than heroin and 100 times stronger than morphine. Fentanyl and other opioids fuel the worse drug crisis in American history and are also the leading cause of fatal overdoses in the country.

The opioid crisis has wreaked havoc across America, but this isn’t the first time we’ve faced a deadly drug crisis. The crack epidemic of the 1980s told us a lot about the nature of drug use and, hopefully, some valuable lessons were learned.

The GOP-sponsored HALT Fentanyl Act passed with bipartisan support. Most Democrats opposed the measure, but 74 caucus members broke ranks and sided with the Republicans. The Biden administration supports the HALT Fentanyl Act too.

Fighting drug wars is complicated. The White House said it “has long supported” two critical provisions of the bill: permanently classifying all Fentanyl analogs as Schedule 1 drugs and expediting research into such substances.

Repeating past mistakes

Democrats and public health experts warn that with this approach, we will likely repeat the mistakes of previous drug wars by promoting mass incarceration over prevention and treatment. They say we cannot arrest our way out of this problem.

“The reclassification of this substance will not prevent addiction but will reduce availability somewhat,” said Evelyn McNeill, a local Licensed Clinical Addiction Specialist with over 25 years of experience, “Let’s remember that addiction is a chronic progressive disease just like other diseases that require components such as easier access to treatment that focuses on a continuum of care model which addresses a holistic approach. We need treatment over punishment for users.”

Evelyn McNeill is Licensed Clinical Addiction Specialist.
Evelyn McNeill is Licensed Clinical Addiction Specialist.

I am convinced that supporters of the HALT Fentanyl Act are honorable Americans with the best intentions, like those who oppose this proposed legislation. Both sides want the best solution, but this is a case of “been-there-done-that.”

Evelyn McNeill asked several important questions: Will this bill deter traffickers? Will it dissuade users? The logical answer is no, it will not.

America has an addiction crisis. Sometimes the problem is illicit drugs; at other times, addiction creeps in through legal pharmaceuticals. Regardless of what anyone believes about the answer to our nation’s addiction challenges we are assured that handcuffs and jails alone cannot solve this mental health problem.

Troy Williams is a member of The Fayetteville Observer Community Advisory Board. He is a legal analyst and criminal defense investigator. He can be reached at talk2troywilliams@yahoo.com.

This article originally appeared on The Fayetteville Observer: Williams: Congress' new bill against fentanyl may miss the mark