Fentanyl - The Law

The Law

Fentanyl falls under two categories in the Controlled Substances Act (CSA). The CSA places all federally regulated drug substances into five schedules based on a substance's medical benefits and risks for bodily harm, abuse, and addiction. The fentanyl products used in surgery, in patches for pain management, and in oral lollipops, are all Schedule II controlled substances. In hospital settings the drug is monitored carefully for proper use and disposal, in order to cut down on staff abuse and theft. Prescriptions are overseen by the Drug Enforcement Administration to ensure that doctors do not prescribe the drug to recreational users, or to people who could be treated with other less addictive painkillers. Selling prescription narcotics on the street—or even giving them to someone other than the person on the prescription label—is against the law.

The fentanyl analogs created in underground laboratories fall into Schedule I of the Controlled Substances Act. Schedule I is reserved for the most dangerous drugs—ones that are not considered to have any medical benefits. Anyone caught manufacturing, selling, or distributing fentanyl analogs faces stiff criminal penalties, including jail time and fines. The sentences become much more severe for second and third offenses.

In the case of fentanyl, the federal government works closely with the medical community, pharmaceutical companies, and pharmacists. The goal is to ensure that those who need the drug will get it, and those who do not need it will not find it.