Welch Says No to Tougher Fentanyl Laws

The HALT Fentanyl Act, which recently passed the Senate with bipartisan support, is designed to permanently classify fentanyl-related substances (FRS) as Schedule I drugs and impose strict penalties on traffickers. The bill aims to give law enforcement stronger tools to combat the deadly opioid crisis, which has devastated communities across the country, including Vermont. Despite Vermont’s ongoing fentanyl epidemic, Senator Peter Welch (D-VT) voted against the legislation, raising questions about his priorities in addressing the crisis.

What the HALT Fentanyl Act Does

The legislation includes these key provisions:

Permanent Schedule I Classification:

All fentanyl-related substances (FRS) are permanently classified as Schedule I drugs, meaning they are recognized as having no accepted medical use and a high potential for abuse under federal law.
This ensures law enforcement can take swift action against traffickers and prevents legal loopholes that allow new fentanyl analogs to flood the market.

Stronger Penalties for Traffickers:

Mandatory minimum of 5 years for possession of 10 grams or more of fentanyl.
Mandatory minimum of 10 years for 100 grams or more.
No mandatory minimum for amounts under 10 grams, ensuring that smaller possession cases remain at judicial discretion.
These thresholds specifically target large-scale traffickers, not individual users.

Expanded Research Opportunities:

The bill explicitly allows scientific research on fentanyl-related substances, ensuring that any potential medical uses can still be explored.
Streamlined registration for researchers, making it easier for scientists to study fentanyl analogs.
Allows manufacturing of small quantities for research purposes without additional regulatory hurdles.
If a fentanyl-related substance is found to have medical benefits, existing DEA and FDA processes allow for reclassification—contrary to claims that the bill permanently locks all FRS into Schedule I.

Balancing Law Enforcement and Science:

While cracking down on traffickers, the bill ensures legitimate scientific research is protected, addressing concerns that it might stifle future medical discoveries.
The bill does not impose new penalties on personal use or addiction cases—its focus remains on those distributing fentanyl at lethal scales.

Importantly, the bill is targeted at large-scale traffickers, not individual drug users or those struggling with addiction.

Welch’s Opposition and His Justifications

Senator Welch, along with 15 other Senate Democrats, opposed the bill, arguing that it prioritizes law enforcement over public health solutions. His main concerns include:

Opposition to mandatory minimums, which he believes could contribute to over-incarceration.
Lack of addiction treatment provisions, as the bill does not include new funding for rehabilitation or harm reduction efforts.
Preference for a “public health approach”, suggesting that treatment and prevention efforts should take precedence over criminal penalties.

However, this bill does not criminalize drug users—it focuses on traffickers moving large quantities of fentanyl, which is responsible for the majority of overdose deaths. Welch’s opposition seems to mischaracterize the bill, conflating penalties for traffickers with punishment for addicts.

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The Reality of Fentanyl’s Impact on Vermont

Vermont has been one of the hardest-hit states in the opioid crisis. Hundreds of Vermonters have died from fentanyl overdoses in recent years, despite extensive state efforts to combat the crisis.

Overdose deaths in Vermont:
- 218 opioid-related deaths in 2021, with fentanyl involved in 87% of cases.
- 244 overdose deaths in 2022, setting a record high.
- 231 overdose deaths in 2023, showing the crisis remains severe.
State-funded Narcan distribution programs, including vending machines and free home delivery, aim to prevent fatal overdoses.
Vermont has launched public awareness campaigns, including a television advertisement promoting Narcan use, likely backed by the state government.

The state is actively fighting fentanyl deaths, yet Welch voted against a bill designed to stop the source of the problem—traffickers distributing deadly amounts of fentanyl.

Fentanyl vs. Cyanide: Understanding the Danger

To put the severity of fentanyl trafficking into perspective:

A lethal dose of fentanyl is around 2 milligrams.
10 grams of fentanyl—the threshold for the bill’s harsher penalties—contains 5,000 lethal doses.
By comparison, cyanide’s lethal dose is 200-300 mg, making fentanyl far more lethal by weight.

If someone were caught carrying 10 grams of cyanide, they would be treated as a serious public safety threat. Welch’s opposition to penalizing fentanyl traffickers carrying enough to kill thousands is difficult to justify, especially given the scale of Vermont’s opioid crisis.

Final Thoughts

Vermont has invested heavily in harm reduction strategies like Narcan distribution and public awareness campaigns, yet fentanyl remains the leading cause of overdose deaths in the state. While Welch argues that this bill does not address addiction treatment, that is a separate issue from stopping traffickers from flooding communities with fentanyl.

Welch’s no vote puts him at odds with Vermont’s ongoing efforts to combat fentanyl deaths. By opposing a bill specifically designed to target large-scale dealers, Welch raises legitimate concerns about whether his priorities align with effectively addressing the fentanyl epidemic.

The bill has been sent to President Trump for his consideration. The Office of Management and Budget has indicated that, if presented in its current form, the President will sign it into law. This means the HALT Fentanyl Act is likely to be enacted soon, making Welch’s opposition even more notable as Vermont continues to struggle with the impact of fentanyl.

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Dave Soulia | FYIVT

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