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1 1 (December 3, 2024)

handle is hein.crs/goverms0001 and id is 1 raw text is: Congressional Sa Research Service Class-Wide Scheduling of Fentanyl-Related Substances (FRS) December 3, 2024 Fentanyl is a synthetic opioid that has recognized medical uses in pain management; it is a Schedule II controlled substance under the federal Controlled Substances Act (CSA). Fentanyl analogues, in generic use of the term, are similar in chemical structure to pharmaceutical fentanyl but are distinct substances; some of these analogues are permanently controlled under the CSA, and some are not. Fentanyl-related substances (FRS) are a defined set of fentanyl analogues. On February 6, 2018, the Drug Enforcement Administration (DEA) issued a temporary scheduling order (TSO) that placed FRS (as a class) in Schedule I under the CSA for two years. Congress has extended the TSO several times, and it is currently set to expire on December 31, 2024. This Insight outlines the history and policy implications of class-wide scheduling. For an overview of the relevant legal framework, see CRS Legal Sidebar, An Expiration Date for Temporary Control ofFentanyl Analogues. Scheduling Under the CSA and Issues with Synthetic Substances The CSA established five schedules into which substances may be classified. Schedule I is the most restrictive, containing substances such as heroin with no accepted medical use and high potential for abuse. Permanent Scheduling Procedures The Attorney General (AG), through DEA, and in consultation with the U.S. Department of Health and Human Services, may place substances into schedules under the CSA based on eight factors: potential for abuse; known scientific evidence ofpharmacological effects; current scientific knowledge ofthe substance; history and current pattern of abuse; scope, duration, and significance of abuse; risk to public health; dependence liability; and whether the substance is a precursor of an already-scheduled substance. Congress may also schedule a substance through legislation. Temporarily Scheduling Procedures In 1984, Congress gave the AG authority to temporarily place a substance into Schedule I of the CSA to avoid imminent hazards to public safety. To do so, the AG must consider the substance's history and Congressional Research Service https://crsreports.congress.gov IN12468 CRS INSIGHT Prepared for Members and Committees of Congress