The Sentencing Project Condemns White House Fentanyl Analogue and Xylazine Scheduling Proposal

Today, the White House released a statement and factsheet calling for all fentanyl-related substances (FRS) to be permanently placed on Schedule I of the Controlled Substances Act (CSA) and for xylazine to be placed on Schedule III of the CSA, among other proposals.

Currently, Congress has temporarily preemptively placed all fentanyl-related substances on Schedule I of CSA as a class – even those that do not yet exist and those that are not harmful. Fentanyl-related substances are also criminalized via the Federal Analogue Act. Xylazine is a prescription drug widely used for veterinary purposes not currently subject to scheduling.

Liz Komar, Sentencing Reform Counsel with The Sentencing Project, released the following statement:

“The overdose crisis has claimed the lives of too many Americans, and our communities deserve solutions, not a repeat of the failures of the Drug War. If scheduling drugs more harshly and toughening penalties saved lives, the overdose crisis would be over.

Instead, the Drug War has taught us that the burden of harsher drug sentencing laws will overwhelmingly fall on people struggling with substance use disorder, especially individuals living in poverty and communities of color. Subjecting more people to draconian mandatory minimum sentences fractures families rather than saves lives.

Federal authorities already have powerful tools at their disposal to prosecute drug trafficking, including the Federal Analogue Act. Legislators have also offered more balanced options for addressing FRS, such as the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2023 (TEST Act).

The TEST Act would allow the Drug Enforcement Administration (DEA) to place new FRS in Schedule I for up to four years, during which time the Department of Justice (DOJ) and Health and Human Services (HHS) would have to conduct a scientific and medical evaluation of each substance and publicly report the finding.

We urge Congress to remember that America cannot incarcerate its way out of a public health crisis. Communities deserve evidence-based solutions, not failed strategies from the past.”