CONGRESS WATCH: State reps split on fentanyl

House Democrats divided 50-50 on classifying fentanyl as a Schedule 1 drug

MB
Michael Brestovansky

June 13, 20252 min read

Headshots of Rep. Ed Case and Jill Tokuda
Hawai‘i Representatives Ed Case and Jill Tokuda (Composite Image, Courtesy Ed Case and Jill Tokuda)

One Hawai‘i representative supported, and one opposed, a divisive proposal to crack down on fentanyl on Thursday.

The Halt All Lethal Trafficking of Fentanyl Act (or, the HALT Fentanyl Act) lists fentanyl and fentanyl-related substances onto Schedule I of the Controlled Substances Act, carrying the highest possible regulations and penalties.

This would put fentanyl in the company of other drugs like heroin, LSD, MDMA and mescaline. Schedule I drugs are considered to have no medical use and have a high potential for addiction.

Despite being legal in many states — though not Hawai‘i — marijuana is also listed as a Schedule I drug by the U.S. Drug Enforcement Administration.

Currently, fentanyl is listed as a Schedule II drug, which is for substances that have some degree of medical use, albeit high risk for abuse. Fentanyl can be prescribed to treat pain, often in cancer patients or following surgeries.

Other drugs on Schedule II include methamphetamine and morphine.

While House Republicans were united in their support of the HALT Fentanyl Act, House Democrats were as divided as they could be: 104 Democrats voted in favor of the bill, and 103 voted against.

Hawai‘i reps Ed Case and Jill Tokuda were on opposite sides of that split, with Case in favor and Tokuda in opposition, although neither were able to respond to ASD requests for comment Thursday.

Based on House debate on Wednesday — decision-making on the bill was postponed until Thursday — Democratic opposition to the bill stems from its use of criminal penalties to solve a health problem.

“Look, … if someone is selling fentanyl, it's a totally different situation than someone who is arrested for possessing it,” New Jersey Rep. Frank Pallone told the House Wednesday. “But the fact of the matter is, this bill covers both those who possess it and those selling it… My point is when you have mandatory minimums all those people come under the same rubric.”

But with Democrats so split on the matter, the bill easily coasted to passage Thursday, with a 321-104 vote in favor. The bill has already passed the Senate, so it next goes to the Oval Office to await President Donald Trump’s decision.

Other bills voted on in the House Thursday included:

• The Rescissions Act of 2025, which permanently rescinds more than $8 billion in funding allocations to various government departments and programs. Case and Tokuda joined all House Democrats in opposing this bill, which passed 214-208.

• The District of Columbia Federal Immigration Compliance Act, which prohibits the District of Columbia from adopting a policy restricting the district’s cooperation with federal immigration enforcement actions. Case and Tokuda opposed the bill, although 11 Democrats supported it. It passed 213-194.

Authors

MB

Michael Brestovansky

Government & Politics Reporter

Michael Brestovansky is a Government and Politics reporter for Aloha State Daily covering crime, courts, government and politics.