6 Congress Members From New Jersey Vote Against ‘Halt Fentanyl’ Act

NEW JERSEY — Fentanyl is a dangerous and lethal drug that has caused tragedy and sorrow for families across the Unites States. And there’s no question that something needs to be done about the misery its misuse has wrought, a New Jersey congressman says.

But putting hundreds of thousands of people in prison over minor drug offenses – many of whom are Black ? That’s unacceptable collateral damage in the war against fentanyl, according to U.S. Rep. Donald Payne Jr.

On Monday, Payne – a Democrat who represents the state’s 10th District – was one of six House members from New Jersey who voted against H.R. 467, also known as the Halt All Lethal Trafficking of Fentanyl Act (HALT).

If it becomes law, the legislation would automatically place all fentanyl-related substances in Schedule I under the Controlled Substances Act, alongside other drugs such as heroin, LSD and ecstasy.

Other New Jersey House members who voted no on the bill included Andy Kim, Robert Menendez, Frank Pallone, Bill Pascrell Jr. and Bonnie Watson Coleman.

The bill got yes votes from Josh Gottheimer, Thomas Kean Jr., Donald Norcross, Mikie Sherrill, Chris Smith and Jeff Van Drew.

The proposed federal law passed a vote in the House of Representatives by a margin of 289-133, largely among party lines, with 215 Republicans voting yes and 132 Democrats voting no. An identical bill awaits a potential vote in the U.S. Senate.

If it becomes law, the bill would have several major effects, according to the Congressional Budget Office:

• By placing all FRS in Schedule I, H.R. 467 would lower the burden of proof in certain cases, thus increasing the likelihood of conviction
• The bill also would change DEA registration requirements for researchers who handle Schedule I or II substances
• Finally, H.R. 467 would require the U.S. Department of Justice to issue rules for implementing the bill

According to Payne, here are some other things the proposed law would do:

“The bill would expand mandatory minimum sentencing for the manufacture, import or possession of fentanyl and fentanyl-related substances with intent to distribute. In addition to the questions of racial profiling in law enforcement for fentanyl possession, the bill would not allow research on the drug to create antidotes and vaccines to protect first responders, medical professionals, and law enforcement officials who come into contact with the drug accidentally.”

Supporters – including one of the bill’s sponsors, Rep. Morgan Griffith of Virginia – say it would put a dent in the “historic levels” of overdose deaths happening across the nation. Griffith said it will also strengthen law enforcement’s ability to prosecute fentanyl traffickers, a point which saw agreement from his Republican peer, House Speaker Kevin McCarthy.

“Due to the Biden administration’s incompetence at the border, fentanyl has flowed into American communities and destroyed lives,” McCarthy argued. “Democrats had more than two years to address their own self-created crisis, but they have failed to do their job and the epidemic has only gotten worse under their watch.”

However, critics say the bill would have a negligible effect on crime, while also putting hundreds of thousands of people in prison for minor drug charges.

“Fentanyl is a dangerous and lethal drug that must be eliminated nationwide,” Payne said after Thursday’s vote. “But it must be done in a way that criminalizes the drug without criminalizing the drug user.”

“Current drug laws and enforcement punish Black offenders at much higher rates than white offenders for the same crimes,” he continued. “I am never going to vote for a bill that threatens to put more Black Americans in prison needlessly for crimes that are judged differently for white Americans.”

• See Related: NJ Needs To Invest In People – Not Lock Them Up, Advocates Say
• See Related: Blizzard Of 'Tough On Crime' Bills In NJ Is Bad News, Activists Argue

BUSTED FOR DRUGS: THE CONSEQUENCES

Think that a drug conviction is small potatoes? Think again, the ACLU of New Jersey says.

“People convicted of drug possession face a host of legal consequences, as well as difficulty finding and keeping employment,” Ami Kachalia, a campaign strategist with the ACLU-NJ, wrote in a recent blog post.

That can include eviction from public housing, family separation through the family regulation system, loss of federal financial aid, disqualification from a range of occupational licenses, denial of public assistance, and immigration detention or deportation. These consequences only worsen the harms of arrest or incarceration, making it difficult for people to seek out opportunities, support their families and otherwise get their lives back on track, Kachalia said.

“Arrests don't keep people safe, healthy or alive – just punished,” Kachalia urged.

• See Related: 'It's Hard To Move Forward,' Says NJ Father Arrested For Weed

“By 2019, 21.6 percent of all arrests reported in New Jersey were drug-related,” Kachalia wrote. “This means that, in 2019, more than one in five of total arrests made by New Jersey’s state and local police departments were for a Drug War violation. And in New Jersey, Black residents are 3.3 times more likely to be arrested for drug war violations than their white peers, despite white people both using and selling criminalized drugs at higher rates.”

• See Related: It's Time To Finally End New Jersey's Drug War, ACLU Says (Video)
• See related article: New Jersey Spends $1B Every Year Fighting The Drug War, Report Says

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