WH agrees fentanyl-related substances are criminal but reduces penalties

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The White House on Thursday proposed removing some penalties for trafficking of fentanyl-related substances (FRS), as more than 200,000 anonymous people a month pour through our open borders. They recognize that fentanyl-related substances are a problem that can escape any punishment which is an improvement, but they reduced penalties at the same time. That is not an improvement.

The FRS or knockoffs are so fluid that it is almost impossible for the police to keep up.

April of this year alone saw a 233% increase in fentanyl seizures at the southern border, according to data released by U.S. Customs and Border Protection. Fentanyl or the knockoffs are transported from China or made in labs in Mexico. It’s then brought in illegally across our open borders.

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FRS is under schedule I of the Controlled Substances Act. According to the  Office of National Drug Control Policy (ONDCP), the decision was in collaboration with the Justice Department (DOJ) and the Department of Health and Human Services (HHS).

“We are pleased to present to Congress a long-term, consensus approach that advances efforts to reduce the supply and availability of illicitly manufactured FRS while protecting civil rights, and reducing barriers to scientific research for all schedule I substances,” said ONDCP acting Director Regina LaBelle.

LaBelle added that “the proposal would exclude those FRS that are scheduled by class from certain quantity-based mandatory minimum penalties normally associated with domestic trafficking, and import and export offenses of CSA schedule I compounds.”

“It would further ensure that a federal court can vacate or reduce the sentence of an individual convicted of an offense involving an individual FRS that is subsequently removed or rescheduled from schedule I.”

There will no longer be any mandatory minimums. The DoJ said there were only eight cases from 2018-2020. That’s because fentanyl-related substances have been in a grey area and not dealt with as they should be. There will be more cases but the penalties could be very lax.

Sen. Rob Portman, left-leaning R-Ohio, applauded the Biden administration in a statement Thursday. Portman said it is consistent with a measure he proposed with Senator Joe Manchin to ban Fentanyl-related substances.

“Overdose deaths have surged to record highs during the COVID-19 pandemic and sadly, synthetic opioids like fentanyl analogs are one of the biggest reasons why,” said Portman. “It is time for Congress to permanently ban fentanyl-related substances, and I’m pleased that the Biden administration has put forward a proposal that is consistent with bipartisan legislation I have introduced with Senator Manchin. Not only is a permanent solution critical in our battle against addiction in this country, but it is also vital in ensuring law enforcement can continue to protect our communities by bringing criminal actions against individuals who manufacture, distribute, or handle these deadly drugs.”

A Senate aide also told Fox News the proposal wasn’t serious and would encourage illicit drug labs. “This is not a serious proposal. It’s nothing more than a compromise between mainstream Democrats and pro-crime Democrats, and would only encourage illicit Chinese drug labs to get creative again with new fentanyl variants,” the aide said.

Senator Grassley said that it does provide some certainty about how fentanyl-related substances – knockoffs – will be treated, but added that the White House is more concerned that there be no new penalties.

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