In an inter-agency dispute that highlights the challenges of curbing
opioid abuse, the U.S. Drug Enforcement Administration (DEA) is
publicly backing tighter rules for fentanyl analogues, which are
slightly altered copycat versions of the powerful drug fueling an
explosion in overdoses.
But an office of the U.S. Department of Health and Human Services (HHS)
is raising concerns outside of public hearings, sources told
Reuters, about the DEA-backed legislation, offered by Senator Ron
Johnson and Representative Jim Sensenbrenner, both Republicans.
Normally, the DEA and the U.S. Food and Drug Administration review
chemical compounds individually to assign each one a controlled
substance classification, with the FDA determining if such
"scheduling" decisions are scientifically valid.
In this case, the bill would cut the FDA out of the time-consuming
review process by letting the DEA permanently classify illicit
fentanyl analogues as Schedule I drugs, like heroin, which are
deemed to be addictive with no medical use.
The DEA says these legal changes would help prosecutors keep pace
with criminals who constantly churn out chemically tweaked fentanyl
analogues to evade strict Schedule I regulations.
But an expert from HHS's National Institute on Drug Abuse (NIDA)
quietly warned Senate staff at a private June 20 briefing that
permanently placing all fentanyl analogues into Schedule I poses
problems, according to an attendee who spoke to Reuters anonymously
because the briefing was private.
The draft bill would not only put all fentanyl analogues into
Schedule I before anything is known about their potential medical
benefits, but would also make it harder for researchers to win
approval to study the analogues to potentially develop new
approaches to tackling the surge in overdoses, the NIDA expert said.
An HHS spokesperson told Reuters that the department has no position
on the DEA-backed bill, but confirmed that HHS does have some
concerns.
"These compounds can be used to develop and test new medications for
preventing opioid addiction and overdose," the spokesperson said,
noting that putting fentanyl analogues into Schedule I without
accommodating scientists with a streamlined approval process "could
slow valuable research aimed at addressing the opioid crisis."
Of 70,200 U.S. drug overdose deaths in 2017, according to the CDC,
about 41% involved synthetic opioids, such as fentanyl and illicit
analogues of it. Most of them are made in China.
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Fentanyl, some versions of which are approved to treat cancer pain,
is 100 times more potent than morphine.
APPROACHING DEADLINE
While the debate over fentanyl analogues dates back to the Obama
administration, the rising death toll has made the issue more
urgent.
Adding to that urgency is a February 2020 deadline, when a temporary
2018 DEA emergency order that placed all fentanyl analogues into
Schedule I will expire.
During a July 1 press briefing, DEA Assistant Administrator John
Martin downplayed the bill's impact on research, but acknowledged
HHS's concerns.
"They have some concerns," he said, adding that DEA is "trying to
eliminate the perception out there in the research community that
it's going to be a hindrance."
Because Schedule I drugs have high risk of abuse, the DEA imposes
strict regulations for research applicants. It requires the drugs to
be stored in a safe bolted to the floor and each compound must have
a separate DEA registration.
"Trying to do research on Schedule I compounds is really difficult
for scientists. There are all kinds of regulatory hurdles," said
Sandra Comer, public policy officer for the College on Problems of
Drug Dependence, a scientific group.
Exactly how many fentanyl analogues would be impacted by the bill is
unknown.
While Martin said it could involve "hundreds to maybe a thousand"
fentanyl analogues, another DEA official who attended the June 20
briefing told Reuters it would affect "millions" to "an infinite"
number.
Some groups are urging lawmakers to oppose the bill, saying it would
chill research and give the DEA too much power.
"This administration has tried to take a criminal justice approach
to the overdose crisis," Drug Policy Alliance national affairs
director Michael Collins said, "when it is very clear it is a public
health crisis."
(Reporting by Sarah N. Lynch; Editing by Kevin Drawbaugh and Bill
Berkrot)
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