Thread by @MyHarmReduction

On May 6th, the class-wide scheduling of fentanyl analogues expires. We should let it.

Hear me and @grantwilder3 explain why this policy is old fashioned drug hysteria + racism that will only increase criminalization and overdose.

fb.watch/4UDbnv6Lbs/

This is a bit of a tricky issue to explain, but basically - the DEA wants to preemptively schedule every fentanyl analogue in existence and that will ever exist as a Schedule 1 drug with 'high abuse potential and no medical use.' BUT THIS IS A TERRIBLE IDEA...

1) Not every fentanyl analogue is necessarily even psychoactive, let alone MORE potent than fentanyl.

With class-wide scheduling, someone could get a harsh sentence for trace detectable amounts of a non-psychoactive or less potent fentanyl analogue.

Class-wide scheduling means that there is no burden on a prosecutor to prove that the fentanyl analogue is psychoactive or potent. This makes mounting a defense very difficult and sets up defendents who may not even know what or how much was in what they bought/sold.

2) This will make it hard for researchers to study fentanyl analogues like other Schedule 1 drugs.

Imagine if we did this with other opioid class drugs in the 1970s - we would never have discovered naloxone, an analogue with no psychoactive effects that REVERSES OVERDOSE.

3) This will lock in racial disparities. Data from the US Sentencing Commission in fiscal year 2019 already shows that 70% of those sentenced for fentanyl analogue charges were Black or Latinx. ussc.gov/research/resea…

4) Class-wide scheduling has NOT targeted 'kingpins' even though every advocate for class-wide scheduling claims that they are the intended targets.

Instead, US Sentencing Commission data from FY 2019 shows half of all sentenced were street-level dealers.

5) We also don't NEED new legislation or penalties for fentanyl analogues, because we ALREADY have the Analogue Act which can be used to prosecute and charge unscheduled and harmful new analogue drugs.

Class-wide fentanyl analogue scheduling is DRUG WAR THEATER.

6) Since all of this legislation has passed, we have only seen fentanyl and fentanyl analogue overdose deaths continue to increase. There is no clear evidence that the class-wide scheduling strategy has saved lives yet.

7) Fentanyl and fentanyl analogues are an entrenched part of some drug markets already, and because of tricky data collection, we'll never know the real extent.

But prohibition teaches us one thing - when you play whack-a-mole with one drug, another more dangerous one appears.

8) So what is the solution? So glad you asked!

The STOP Fentanyl Act is a piece of legislation that offers a better approach grounded in public health:
kuster.house.gov/news/documents…

9) For more background on the history of the issue, check out a report I worked on with former Director of our Office of National Affairs Michael Collins: drugpolicy.org/resource/crimi…

FIN!