WASHINGTON – As overdose deaths surge, fueled by
synthetic opioids, lawmakers from both houses of Congress today reintroduced a
framework to fight the rapid spread of deadly synthetic drugs, which can
quickly be re-engineered to circumvent federal laws designed to outlaw them.
The
Stop Importation and Manufacturing of Synthetic Analogues (SIMSA)
Act would allow for the temporary regulation of substances substantially
similar to controlled drugs while more time-consuming testing, research and
analysis can be performed. The proposal is designed to help law enforcement
more rapidly respond to the fast-paced modification of synthetic drugs such as
analogues to fentanyl, which have contributed to a
near-30
percent spike in overdose deaths last year alone as the nation’s
opioid epidemic continues. The legislation was introduced by Senators Chuck
Grassley (R-Iowa), Dianne Feinstein (D-Calif.), respective current and former
vice-chairs of the
Senate
Caucus on International Narcotics Control. It’s cosponsored by
Sens. Joni Ernst (R-Iowa) and Maggie Hassan (D-N.H.). Identical legislation was
introduced in the House of Representatives by Representatives John Katko
(R-N.Y.) and Kathleen Rice (D-N.Y.).
“Criminals pushing illicit drugs are able to skirt
existing laws by slightly changing the chemical makeup of a substance that has
already been outlawed or regulated and flood the market before the law can
catch up. It’s created a deadly game of ‘whack-a-mole’ as law enforcement
struggles to keep pace under the current drug scheduling regime. Meanwhile,
overdose deaths continue to skyrocket. It’s time for Congress to get serious
about cracking down on this poison. Our bill provides the needed flexibility to
stem the flow of deadly synthetics,” Grassley said.
“Lethal drugs are continuing to pour across our
borders and into our communities, fueling the deadly opioid epidemic and
endangering the livelihoods of folks across Iowa and the nation. We must do
more to save lives before it’s too late, which is why I’m working across the
aisle to give law enforcement the ability to ban dangerous substances and curb
the influx of deadly synthetic drugs,” Ernst said.
“Fentanyl analogues can be just as deadly as
fentanyl itself, yet these analogues are specifically formulated to evade bans,
making it harder for law enforcement to stop the flow of these drugs into our
communities. As New Hampshire and states across the country continue to grapple
with the substance use disorder epidemic, it is more important than ever that
Congress move to pass our bipartisan bill to help law enforcement crack down on
these dangerous opioids and save lives,” Hassan said.
“Fueled by the proliferation of synthetic drugs like
fentanyl, newly released data from the CDC found that drug-overdose related
deaths surged by nearly 30% in 2020. Unfortunately, communities like mine in
Central New York are all too familiar with the devastation caused by heroin and
deadly synthetic drugs. That’s why, in addition to expanding substance use
disorder treatment options, we need to ensure law enforcement is fully equipped
to stop the inflow of these toxic drugs. With this bipartisan, bicameral
legislation, law enforcement will be able to expeditiously schedule new
synthetic drugs under the Controlled Substances Act, so that we can crack down
on international drug traffickers and prevent these dangerous drugs from reaching
our communities,” Katko said.
“In 2020, fatal drug overdoses jumped 34 percent in
Nassau County in my district on Long Island. Sadly, this is happening all
across the country. And it is fueled in large part by the ongoing spread of
synthetic opioids, as illicit drug makers and importers continue to circumvent
current law to bring these drugs into our communities. That’s why I’m proud to
join my colleagues in the House and Senate to introduce this bipartisan
legislation, which will help law enforcement stop drug traffickers and combat
the spread of deadly synthetic opioids,” Rice said.
Existing laws prohibits the unauthorized use of
certain specific controlled substances. However, illicit drug makers and
importers are circumventing those laws by altering a single atom or molecule of
a controlled drug to create a new, yet significantly similar substance, which
has not yet been outlawed. This allows the illicit industry to make, market and
move substances – often originally imported from China or Mexico – that are
intended to have the same effect as controlled drugs outside the reach of existing
law. Under the current drug scheduling system, uncontrolled substances must
first be subjected to a time-consuming analysis before being permanently
regulated or outlawed.
The legislation allows substances to be temporarily
or permanently added to a new category of controlled substances, known as
Schedule A, if their chemical structure is substantially similar to an existing
controlled substance and they are expected to have the same or greater effect
on the human body. This will allow for a more rapid control of drugs designed
to be used in the same illicit manner as already-regulated or outlawed drugs.
The legislation applies existing criminal penalties for manufacturers,
importers and exporters of Schedule A substances, without establishing any new
mandatory minimum prison sentences. The bill also includes provisions to ensure
that legitimate research on substances placed on Schedule A can still be
undertaken.
The legislation is supported by the National
Association of Police Organizations, the National District Attorneys
Association, Drug Free America Foundation, Save Our Society From Drugs, The
Fraternal Order of Police, National Association of Assistant United States
Attorneys and the Major Cities Chiefs Association.
Grassley has been a leader in efforts to curb the importation
and spread of deadly synthetic drugs. Most recently, he
introduced
legislation to extend a Drug Enforcement Administration
authority aimed at preventing the spread of fentanyl analogues, and called on
the
Senate
and
Biden
administration to develop a long-term solution on fentanyl
knockoffs. He’s also
requested
updates on the administration’s plan to combat deadly
analogues and pushed for them to be a
central
focus in the administration’s crime and drug strategy.
Stop the Importation and Manufacturing of Synthetic Analogues
(SIMSA) Act
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