Synthetic Drug Control Act of 2011

Floor Speech

* Mr. VAN HOLLEN. Mr. Speaker, I rise to oppose H.R. 1254, the ``Synthetic Drug Control Act of 2011.''

* I share the concerns that supporters of this bill have about the sale of synthetic drugs that are determined to be harmful. The issue here is what process should be used to determine whether a drug is harmful and should be banned. I oppose this bill because it circumvents the established process for scheduling controlled substances as illegal for any uses without proper scientific review. This bill short-circuits that process and substitutes the less-informed judgment of Congress for the more considered view of scientists and experts.

* We already have a process for banning drugs temporarily on an emergency basis. Indeed, the Drug Enforcement Agency (DEA) has temporarily prohibited the sale or manufacture of many of the compounds banned in this bill as more in-depth scientific reviews are conducted. I also support Maryland's Department of Health and Mental Hygiene's decision to ban the sale of many of these drugs in the State. I believe that the temporary ban by the DEA and the State bans of these drugs are sufficient at this point to protect our society from the harms caused by these synthetic drugs. Congress should only act to add these drugs to the list of Schedule I controlled substances after the process laid out in the Controlled Substance Act is completed.

* The process established in the Controlled Substance Act requires that the Attorney General request from the Secretary of Health and Human Services ``a scientific and medical evaluation, and his recommendations, as to whether such drug or other substances should be so controlled.......'' This process is important for many reasons and should not be circumvented by this bill. Without proper scientific review this bill could create significant hurdles for medical research of cures and treatments for various diseases. During the bill mark up in the Judiciary Committee, statements from medical researchers were submitted stating that this bill could hamper their ability to determine lawful uses of these substances by making them illegal to possess. R. Gil Kerlikowske, the Director of the Office of the National Drug Control Policy (ONDCP), stated that these drugs are dangerous, but acknowledged that there is ``a lack of sufficient data regarding the prevalence of bath salt stimulant drugs.'' Additionally, the penalties for possessing and distributing Schedule I drugs are serious. Adding over 35 additional substances to the list of Schedule I drugs, for which people can be incarcerated, should not be taken lightly by Congress.

* I urge my colleagues to join me in opposing this bill.

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