Doug Jones’ bill penalizes fentanyl exporters, calls out China
A bipartisan bill aimed at combatting the nation’s ongoing opioid epidemic proposes new penalties on foreign countries that turn a blind eye to drug kingpins who export deadly fentanyl to the United States. Sponsored by Alabama U.S. Sen. Doug Jones and Pennsylvania U.S. Sen. Pat Toomey, the Blocking Deadly Fentanyl Imports Act would make American foreign aid contingent upon a recipient country cooperating with U.S. drug enforcement efforts relating to fentanyl. Under this measure, a fentanyl-producing nation, such as China, would lose access to the Export-Import Bank and be ineligible for other U.S. taxpayer-subsidized aid if it fails to cooperate with the U.S. on narcotics control. “Like many places across the country, Alabama is in the midst of a substance abuse and overdose crisis, in part because of dangerous synthetic drugs like fentanyl,” said Jones. “Fentanyl not only harms those who use it, but it also poses a serious threat to our first responders should they be exposed. This legislation is another smart step to stop illicit fentanyl from being transported across our borders and into our communities.” Fentanyl has caused fatal overdoses across the United States. Sometimes added to heroin or cocaine without the user knowing, fentanyl is 50 to 100 times more potent than heroin and morphine, and can kill those who come in contact with even minuscule amounts of it. Many in law enforcement and the health care industry believe it is drug catalyst of the national opioid epidemic. This measure would also require the State Department to identify in its annual report on narcotics trafficking those countries that are major producers of fentanyl. This requirement is already in place for countries that are major sources of heroin, cocaine, and methamphetamine. “The opioid and heroin epidemic has become increasingly lethal in part due to the widespread presence of illicit fentanyl,” said the bill’s co-sponsor Toomey. “Since fentanyl can be fifty times as potent as heroin, just a tiny amount of this dangerous substance can kill a person, including first responders who may be inadvertently exposed to the drug when responding to an overdose victim or a crime scene. For the sake of our communities and the safety of law enforcement, countries like China must stop illicitly exporting fentanyl and improve their drug enforcement efforts now.” Calling out China’s role in illicit fentanyl exports With deaths from illicit fentanyl sourced from China continuing to climb at dramatic rates, it is clear more needs to be done to stem the flow of this deadly substance into our country. In September 2017 and April 2018, the United States indicted six Chinese nationals in connection with fentanyl manufacturing and distribution. All six charged Chinese nationals remain at large. In November 2017, President Donald Trump requested that China schedule fentanyl as a class, which would effectively place all fentanyl analogues under control.[10] In April 2018, Attorney General Jeff Sessions indicated he was seeking “greater cooperation” from China in sharing bank records in order to reduce illicit fentanyl imports. The Blocking Deadly Fentanyl Imports Act would require countries like China that are major sources of fentanyl to comply with international agreements on narcotics control, give regulators authority to ban new illicit dangerous substances in an emergency, prosecute drug makers who produce fentanyl and fentanyl analogues, and regulate the ownership of pill presses, which are used to produce counterfeit narcotics.
Steve Marshall urges Congress to close deadly fentanyl loophole
Fentanyl has caused fatal overdoses across the United States. Sometimes added to heroin or cocaine without the user knowing, fentanyl is 50 to 100 times more potent than heroin and morphine, and can kill those who come in contact with even minuscule amounts of it. Many in law enforcement and the health care industry believe it is drug catalyst of the national opioid epidemic. Which is exactly why Alabama Attorney General Steve Marshall is trying to do his best to stop its trafficking and distribution. Marshall, as part of a bipartisan group of 52 state and territory attorneys general, called on Congress on Thursday to help end the opioid epidemic and close a loophole that allows those who traffic deadly fentanyl to stay a step ahead of law enforcement by developing new drug analogues that are somewhat different in composition. “We know that illicit drug manufacturers are devious in changing the makeup of a drug just enough that it no longer falls under its classification as a controlled substance. Alabama has already strengthened its laws to deal with this problem, and we must ensure that our federal laws do not permit deadly criminal activity by way of a loophole,” said Marshall. The attorneys general sent a letter to Congress in support of S.1553 and H.R.4922, the Stopping Overdoses of Fentanyl Analogues (SOFA) Act. Fentanyl is currently a Schedule II controlled substance and when used as prescribed by a doctor, can be a safe painkiller. However outside of careful supervision, fentanyl and analogues manufactured illicitly can be lethal. The SOFA Act, if passed by the U.S. Senate and U.S. House of Representatives, would eliminate the current loophole which keeps the controlled substance scheduling system one step behind those who manufacture fentanyl analogue and then introduce these powders into the opioid supply chain. The SOFA Act utilizes catch-all language which will allow the Drug Enforcement Administration (DEA) to proactively schedule all newly-modified fentanyl analogues. In addition to Alabama, the other attorneys general who signed the letter were: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Bradley Byrne: Fighting the opioid epidemic
For too long, a problem of epic proportion has been growing outside of the headlines in the United States: the opioid epidemic. The reality is that we can no longer wait to take action. Drug overdose is now a leading cause of death in the United States. One hundred seventy-five Americans are dying every day from this crisis. From big cities to small towns, the opioid epidemic has hit our communities hard. Unfortunately, Alabama has not been spared. According to the Centers for Disease Control and Prevention (CDC), Alabama ranks highest in the nation as having more opioid prescriptions than people. Alabama also ranks number one as the highest prescribing state in the nation for opioid pain reliever prescriptions. These statistics are incredibly alarming. An opioid is a type of narcotic derived from the opium poppy, which includes drugs such as morphine, codeine, hydrocodone, and oxycodone. While these drugs are often prescribed in response to injuries and body pains, they can be prone to abuse and addiction. The reality is many of the people who become addicted to opioids first start taking the drugs legally after receiving a prescription from a doctor. For example, I have heard testimony from athletes who suffer a sports-related injury, undergo surgery, and then become addicted to opioids during the recovery process. In many cases, this addiction can escalate, driving individuals to street drugs like heroin. Almost all of us have a loved one or know somebody who has been affected by this terrible epidemic. The personal stories are what make this nightmare a harsh reality. Right here in Southwest Alabama, I have heard far too many stories about the dangers of prescription drug abuse. The impacts of this crisis reach far beyond the person suffering from addiction to parents, to children, to brothers and sisters. So many have been hurt. On October 26, 2017, President Donald Trump announced that his administration would declare the opioid crisis a Nationwide Public Health Emergency. On a strongly bipartisan basis alongside President Trump, Congress is also responding. In March, the House voted to set aside $4 million toward combating the opioid crisis in the government funding bill for Fiscal Year 2018. We kept up the momentum last week when the House passed over 25 targeted bills to help prevent and treat opioid addiction and abuse while also ensuring our nation’s drug laws are working to stop the flow of illegal drugs. One such bill that passed the House is the THRIVE Act, which creates a program to provide low-income individuals recovering from opioid and other substance use disorders with a clean, safe, and structured environment following rehabilitation. Additionally, the House passed the STOP Act, which aims to halt opioids like fentanyl from coming into America from other countries through a loophole at the Postal Service. The majority of opioids arrive to America through the mail from other nations, such as China, Mexico and Canada. So, this legislation represents an important step to help solve the problem. It is clear that our work to end the opioid epidemic is far from over. However, I was pleased to see such strong bipartisan support for many opioid bills this week as we work to make a real difference on behalf of the American people. You can learn more about the legislation we are working on at www.opioidcrisis.gop. We cannot and will not sit back and allow the opioid crisis to take the lives of the people we love. We must fight back and ensure Americans get the help they need. I look forward to continuing the work with President Trump to end this epidemic once and for all. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
Prosecutor on Justice’s opioid crackdown favors tough tact
Mary Daly has heard the criticism: That the tough-on-drugs approach favored by the Trump administration is cruel, ineffective and a return to the failed policies of the 1980s. She’s not buying it. “We need to use tough prosecutions if we are going to get our way out of this epidemic,” said Daly, a longtime federal drug prosecutor recently tapped to oversee the Justice Department’s ambitious efforts to attack America’s opioid abuse crisis. “We don’t ignore the need for prevention and treatment efforts, but the notion that tough enforcement is the wrong approach is wrong.” Daly, who prosecuted gang members and drug traffickers for 13 years in New York and Virginia, said her work has given her a close-up look at the drug problem. President Donald Trump and Attorney General Jeff Sessions have made combatting the opioid epidemic a cornerstone of the crime-fighting agenda they both share. Trump has encouraged the use of the death penalty against traffickers when possible, a request Sessions then codified in a directive to federal prosecutors. Daly wasn’t responsible for that policy, but her selection aligns with the tough approach. She said she supports Sessions’ undoing of an Obama-era policy that aimed to show more leniency to lower-level drug offenders. And she favors strict enforcement to rein in the epidemic that saw a record 42,000 opioid related overdose deaths in 2016. The daughter of William Barr, who was attorney general under President George H.W. Bush, Daly was responsible for some of the biggest and most complex international drug trafficking cases in the Eastern District of Virginia, maintaining a heavy case load even as supervisor of the narcotics unit, said James L. Trump, a fellow prosecutor who worked alongside her there. She brought a quiet confidence to the courtroom, and a desire for fairness and consistency, he said. “She believed that adherence to the law and consistency with the law would bring about just results,” said Trump, who has no relation to the president. “If there was a philosophy, it is what I find in most good prosecutors which is that the law is the law, whether our personal beliefs are different in terms of sentencing policy doesn’t really matter.” In her new role, much of Daly’s focus will be on fentanyl, the deadly painkiller fueling the crisis. Under her watch, the Justice Department is going after dealers who use the anonymity of the internet to peddle fentanyl from overseas into American homes, pharmacies and doctors who recklessly overprescribe pain pills, as well as the kind of major traffickers Daly prosecuted in the field. “We have a unique drug on the table in fentanyl. Very small quantities can kill people,” Daly said, adding that the deadly narcotic is showing up in cocaine and other less lethal drugs. “We do have to recalibrate a bit in terms of how we’re addressing the fentanyl threat and that may mean looking at people who are supplying lower quantities.” Both conservative and liberal critics fear such a philosophy could mark a return to the policies of the 1970s and 80s that unduly affected minority communities and flooded prisons by ensnaring mid- to low-level dealers. “It’s deadly, I get that, but that’s why we need to treat it in a really thoughtful way,” said Mark Holden, general counsel for the conservative Koch network. The left-leaning Brennan Center said the department’s focus should be on major traffickers. But it also pointed to efforts to target opioid manufacturers and distributors, which Daly also oversees, as a positive step. Already under Daly’s watch, the Justice Department has thrown its weight behind local officials in hundreds of lawsuits against the manufacturers and distributors of opioid painkillers. Prevention and treatment are also part of the department’s larger strategy, with prosecutors recommending treatment as part of a sentence and grant money devoted to programs. “I would argue they go hand-in-hand,” Daly said. “Oftentimes enforcement provides a good intervention in someone’s life to get them into treatment in a way that nothing else does.” Republished with permission from the Associated Press.
State House follows Senate’s lead, approves stiffer fentanyl penalties
Following the State Senate’s lead, the Alabama House of Representatives on Thursday voted to stiffen penalties for trafficking a powerful synthetic opioid, fentanyl. Lawmakers voted 89-2 in favor of the bill. Fentanyl has caused fatal overdoses across the United States. Sometimes added to heroin or cocaine without the user knowing, fentanyl is 50 to 100 times more potent than heroin and morphine, and can kill those who come in contact with even minuscule amounts of it. Many in law enforcement and the health care industry believe it is drug catalyst of the national opioid epidemic. Sponsored by Alabaster-Republican State Sen. Cam Ward, SB39 stipulates that a person will be convicted of trafficking if they possess more than a gram of fentanyl or 50 packages of a fentanyl mixture. The bill also sets minimum mandatory sentences based on the weight of drug be carried. It bill moves back to the Senate for a vote on whether to concur with the House changes.
Alabama Senate votes to toughen fentanyl penalties
The Alabama Senate on Tuesday unanimously voted to toughen penalties for trafficking a powerful synthetic opioid, fentanyl. Fentanyl has caused fatal overdoses across the United States. Sometimes added to heroin or cocaine without the user knowing, fentanyl is 50 to 100 times more potent than heroin and morphine, and can kill those who come in contact with even minuscule amounts of it. Many in law enforcement and the health care industry believe it is drug catalyst of the national opioid epidemic. Sponsored by Alabaster-Republican State Sen. Cam Ward, SB39 provides criminal penalties and mandatory minimum sentences for trafficking fentanyl. A person convicted of having more than one gram — roughly equivalent to the size of a sugar packet, having the ability to kill hundreds of people — would get a mandatory minimum sentence of three years in prison. Anyone convicted with two or more grams would serve 10 years, and those convicted with four grams or more would serve 25 years. The bill now moves to the Alabama House of Representatives for consideration.
