H.R.467 – HALT Fentanyl Act
passed the House 05/25/2023 https://www.congress.gov/bill/118th-congress/house-bill/467
Grassley, Cassidy, Heinrich Propose Permanent Scheduling Fix for Fentanyl-Related Substances
Any bill passed in either House DIES at the end of the congressional session. This bill that Congress is trying to pass is basically revoking the FDA’s approval for a drug’s safe use in humans.
According to Wikipedia, there is some 100-200 different fentanyl analogs https://en.wikipedia.org/wiki/List_of_fentanyl_analogues BUT there are only 3 of those analogs that are approved by the FDA – 2 in humans and 1 in large animals.
All those other different fentanyl analogs are already ILLEGAL substances. From what I have read it is Fentanyl acetate analog that China and the Mex cartels are selling on our streets.
So I asked www.perlexity.ai
Has Congress ever passed a bill to revoke the FDA’s approval that a medication is safe for being safe for humans
Congress has not passed a bill to revoke the FDA’s approval of a medication that was deemed safe for humans. The FDA’s authority to approve and regulate drugs is generally respected by Congress, and there is no precedent for legislative action directly overturning an FDA safety determination.
The FDA’s role in approving drugs is well-established and protected by federal law. Congress has historically granted the FDA broad authority to regulate drugs and determine their safety and efficacy. This authority is typically not challenged through direct legislative action to overturn specific drug approvals.
While Congress does not typically revoke FDA drug approvals directly, it does have ways to influence FDA actions:
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: Congress can pass laws that modify FDA’s regulatory framework or processes3.
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: Congressional committees can hold hearings to scrutinize FDA decisions and potentially influence future actions6.
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: Congress can affect FDA operations through its control of the agency’s budget.
The issue of FDA drug approvals has recently come under scrutiny in relation to specific medications:
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: In 2023, a federal judge in Texas attempted to suspend the FDA’s approval of mifepristone, an abortion medication. This decision was unprecedented and highly controversial, as it marked the first time a court had attempted to revoke approval of a drug the FDA had deemed safe25.
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: In 2018, Congress passed and the President signed a “Right to Try” law that allows terminally ill patients to access experimental treatments without FDA oversight. While this doesn’t revoke FDA approvals, it does create a pathway around FDA’s usual regulatory process in specific circumstances4.
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: In 2024, some members of Congress introduced a resolution to repeal an FDA rule regarding laboratory developed tests, showing that while Congress doesn’t typically revoke drug approvals, it may act to limit FDA’s regulatory reach in certain areas6.
In conclusion, while Congress has the theoretical power to pass legislation revoking an FDA drug approval, there is no historical precedent for such an action. The recent judicial attempt to revoke mifepristone’s approval was highly unusual and controversial, highlighting the established norm of respecting FDA’s scientific determinations on drug safety and efficacy58.
Citations:
- https://www.supremecourt.gov/opinions/23pdf/23-235_n7ip.pdf
- https://www.texastribune.org/2023/04/07/texas-abortion-drugs-fda-ruling/
- https://www.akingump.com/en/insights/alerts/congress-year-end-appropriations-package-brings-fda-legislative-changes-leaves-unresolved-policy-issues
- https://www.facingourrisk.org/privacy-policy-legal/advocacy/federal-right-to-try-legislation-passes-signed-by-president
- https://www.pbs.org/newshour/politics/5-takeaways-from-the-abortion-pill-case-before-the-u-s-supreme-court
- https://finstad.house.gov/2024/5/reps-finstad-and-crenshaw-sen-paul-introduce-resolution-to-repeal-harmful-fda-rule-limiting-access-to-laboratory-developed-tests
- https://www.help.senate.gov/imo/media/doc/FDASLA%20manager’s%20amendment%20SXS.pdf
- https://www.judiciary.senate.gov/press/releases/congressional-democrats-file-amicus-brief-urging-supreme-court-to-reverse-dangerous-ruling-that-would-restrict-access-to-mifepristone-nationwide-and-upend-fda-approval-process
- https://www.fda.gov/news-events/congressional-testimony/antitrust-concerns-and-fda-approval-process
- https://www.congress.gov/bill/118th-congress/senate-bill/603/history
- https://www.healthindustrywashingtonwatch.com/2024/06/articles/other-health-policy-developments/other-fda-developments/supreme-court-decision-leaves-fda-approval-of-mifepristone-untouched-but-for-how-long/
- https://pmc.ncbi.nlm.nih.gov/articles/PMC1808190/
- https://www.congress.gov/bill/118th-congress/senate-bill/606/all-info
- https://www.kff.org/womens-health-policy/issue-brief/legal-challenges-to-the-fda-approval-of-medication-abortion-pills/
- https://www.congress.gov/bill/118th-congress/house-bill/7248
- https://www.fda.gov/about-fda/histories-product-regulation/promoting-safe-effective-drugs-100-years
- https://www.nytimes.com/2023/04/10/health/abortion-pill-fda.html
- https://www.congress.gov/bill/117th-congress/senate-bill/4348
- https://www2.law.umaryland.edu/marshall/crsreports/crsdocuments/RL3279703082005.pdf
- https://horsford.house.gov/media/in-the-news/supreme-court-unanimously-preserves-access-to-abortion-medication-mifepristone
Answer from Perplexity: pplx.ai/share
Is it just me, or with it being claimed that 30%+ of members of Congress are attorneys and many judges are making decisions that seems to be in conflict with COMMON SENSE?
Since only 1%-2% of known Fentanyl analogs are approved by the FDA as safe to use in humans or animals. Fentanyl was approved ~ 60+ yrs ago after going thru 10+ yrs of clinical trials and has been available for healthcare practitioners to prescribe for all these decades and a judge or Congress should be able to make it ILLEGAL. Since 98%-99% of all known Fentanyl analogs are already ILLEGAL. If they pass this bill, the bottom line is that they will be overruling all the FDA years of clinical trials and practitioners’ experience using this medication, and make those 3 FDA approved Fentanyl analogs classified as a C-1 and thus become an ILLEGAL MEDICATION – like Heroin
Here is a partial list from www.perplexity.ai – notice that several Fentanyl analogs are listed.
Based on the information provided in the search results, here is a list of DEA Schedule I substances:
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Heroin
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Acetyl-alpha-methylfentanyl
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Acetylfentanyl
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Acryl fentanyl
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AH-7921
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Alpha-methylfentanyl
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Beta-hydroxyfentanyl
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Butyryl Fentanyl
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Furanyl fentanyl
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Isobutrylfentanyl
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3-Methylfentanyl
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LSD (Lysergic acid diethylamide)
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Peyote
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Psilocybin (“magic mushrooms”)
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MDMA (3,4-methylenedioxymethamphetamine or “ecstasy”)
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Mescaline
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Marijuana (cannabis, THC)
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Synthetic marijuana and analogs (Spice, K2)
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GHB (gamma-hydroxybutyric acid)
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Methaqualone (Quaalude)
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Khat (Cathinone, Cathine)
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Bath Salts (3,4-methylenedioxypyrovalerone or MDPV)
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Acetorphine
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Desomorphine
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Etorphine (except hydrochloride salt)
It’s important to note that this list is not exhaustive, as Schedule I contains numerous other substances135. The DEA classifies these drugs as having no currently accepted medical use in the United States, a high potential for abuse, and a lack of accepted safety for use under medical supervision136.
Citations:
- https://www.drugs.com/article/csa-schedule-1.html
- https://www.rosalindfranklin.edu/research/centers/research-support-offices/environmental-health-and-safety/controlled-substances/
- https://en.wikipedia.org/wiki/Controlled_Substances_Act
- https://www.in.gov/health/overdose-prevention/general-information/drug-schedules-1-5/
- https://en.wikipedia.org/wiki/List_of_Schedule_I_controlled_substances_(U.S.)
- https://www.campusdrugprevention.gov/content/drug-scheduling-and-penalties
- https://www.deadiversion.usdoj.gov/schedules/schedules.html
- https://www.duffysrehab.com/resources/articles/schedule-of-drugs/
- https://dhhs.ne.gov/licensure/Open%20Meeting%20Act%20Docs/APRN%205.20.22%20C1a%20DEA%20-%20Midlevel%20Pracitioners%20by%20State.pdf
- https://uscode.house.gov/view.xhtml?req=%28title%3A21+section%3A812+edition%3Aprelim%29
- https://www.federalregister.gov/documents/2018/09/28/2018-21121/schedules-of-controlled-substances-placement-in-schedule-v-of-certain-fda-approved-drugs-containing
- https://www.cancer.gov/publications/dictionaries/cancer-terms/def/schedule-i-drug
- https://americanaddictioncenters.org/prescription-drugs/classifications
- https://drexel.edu/studentlife/community-standards/code-of-conduct/drug-free-schools-and-community-act/drug-use
- https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf
- https://www.mass.gov/info-details/learn-about-massachusetts-controlled-substances-registration-mcsr-for-practitioners
- https://www.drugs.com/csa-schedule.html
- https://www.dea.gov/drug-information/csa
- https://www.ncbi.nlm.nih.gov/books/NBK557426/
- https://www.chfs.ky.gov/agencies/os/oig/dai/deppb/Documents/KentuckyScheduledDrugList.pdf
Answer from Perplexity: pplx.ai/share
Filed under: General Problems
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