Grassley, Feinstein Pitch New Framework to Combat Synthetic Drugs
Bill targets fast-paced evolution of deadly drugs that mimic controlled substances
WASHINGTON – Senate
Judiciary Committee Chairman Chuck Grassley and Ranking Member Dianne Feinstein
are proposing a new approach to fight the spread of deadly synthetic drugs,
which can be quickly re-engineered to circumvent federal laws designed to
outlaw them. Their legislation, the Stop the Importation and Trafficking of
Synthetic Analogues (SITSA) Act of 2017, would allow substances that are
substantially similar to controlled drugs to be rapidly regulated without
additional time-consuming testing and analysis. Grassley and Feinstein, who are
also leaders of the International Narcotics Control Caucus, offered the
legislation as a means of exploring new and innovative solutions to combating
the rise of synthetic drugs, which have also exacerbated the opioid epidemic
with the widespread availability of analogues of the controlled substance
fentanyl.
“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. We’ve also seen the grave consequences of these synthetics in the ongoing opioid epidemic. Our bill builds on the conversation we’ve had in the Senate over the past few years to help get ahead of the poison peddlers,” Grassley said.
“Synthetic drugs and synthetic opioids present an increasingly growing threat to our country. We have already seen far too many instances of dangerous drugs like fentanyl wreaking havoc on American communities. As it stands now, there are significant challenges associated with prosecuting those who manufacture and traffic these deadly drugs. This bill would address those challenges and give law enforcement the necessary flexibility to bring those who traffic dangerous synthetic substances to justice,” Feinstein said.
Illicit
drug makers and traffickers are able to circumvent current laws prohibiting the
unauthorized use of controlled substances by altering a single atom or molecule
in a laboratory to create a new, yet significantly similar substance, which has
not yet been outlawed. This allows them 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 subject
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
Schedule III criminal penalties for manufacturers and traffickers of Schedule A
substances, and provides new civil tools to help shut down convenience stores
and head shops where these substances are sold. The bill does not impose new
mandatory minimum sentences and expressly does not criminalize simple
possession of a Schedule A substance. The bill also includes provisions to
ensure that legitimate research on substances placed on Schedule A can still be
undertaken.
This
week marks the one-year anniversary of a Judiciary
Committee hearing
examining the deadly impact of synthetic drugs and the challenges of policing
them, and the seven-year anniversary of the death of Indianola, Iowa, teen
David Rozga while using a synthetic drug for the first time. David’s father
testified at the hearing.
Stop
the Importation and Trafficking of Synthetic Analogues (SITSA) Act of 2017
·
Summary
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