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Fair and Just Prosecution Condemns Senate Passage of the HALT Fentanyl Act

Fair and Just Prosecution (FJP) strongly condemns the Senate’s passage of the HALT Fentanyl Act, a reckless and misguided bill that doubles down on the failed, punitive drug policies of the past instead of embracing real, evidence-based solutions to the overdose crisis.

FJP Acting Co-Executive Director Amy Fettig issued the following statement in response to the Senate passage of the HALT Fentanyl Act:

“Overdose deaths are declining not because of harsh sentencing laws, but because we are finally investing in what works—harm reduction, expanded treatment, and proven public health strategies. The HALT Fentanyl Act threatens this progress by doubling down on ineffective and extreme sentences and fueling unjust prosecutions that disproportionately target communities of color. We have decades of evidence showing that harsh sentencing laws don’t stop drug use or save lives. Why are we repeating the same mistakes?

“As the bill moves back to the House, lawmakers have a clear choice: continue the lifesaving progress of recent years or repeat the same disastrous policies that have devastated communities for decades. The answer should be obvious. Instead of reigniting the failed drug war, Congress should focus on real solutions—expanding treatment, increasing naloxone access, and investing in the public health approaches that have already driven reductions in overdose deaths. The HALT Fentanyl Act is a dangerous step backward, and the House must reject it.”

Background

While addressing the overdose crisis is critical, this bill takes the wrong approach by prioritizing criminalization over proven health solutions. If passed, the bill would permanently classify all fentanyl-related substances as Schedule I without first evaluating their potential benefits, blocking research that could lead to new overdose-reversal medications.

Additionally, the HALT Fentanyl Act expands mandatory minimum sentences and harsh criminal penalties, despite decades of evidence showing that punitive drug policies do more harm than good. History has demonstrated that increasing criminalization only leads to the proliferation of more potent and dangerous substances in the drug supply. Since the Trump administration first imposed strict fentanyl-related penalties in 2018, overdose deaths have risen by 60%.

Recent CDC data shows that overdose deaths declined by 24% in 2024, thanks to harm reduction strategies such as naloxone distribution, fentanyl test strips, and medications for opioid use disorder. However, the HALT Fentanyl Act threatens to reverse this progress by reinforcing ineffective punitive measures instead of investing in life-saving health interventions. Now is the final opportunity to stop this harmful legislation and advocate for real solutions to the overdose crisis.

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