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handle is hein.crs/govejmc0001 and id is 1 raw text is: Con gressionaI
es earch Service
Recent Developments in Opioid Regulation
Under the Controlled Substances Act
November 22, 2022
In recent years, policymakers have devoted significant attention to opioid regulation, seeking in particular
to combat the epidemic of opioid misuse and overdoses. Opioids are drugs derived from the opium poppy
or emulating the effects of opium-derived drugs. Some opioids have legitimate medical uses related to
pain management, while others have no recognized medical use. Both pharmaceutical opioids (such as
oxycodone, codeine, and morphine) and non-pharmaceutical opioids (such as heroin) may pose a risk of
abuse and dependence and may be dangerous or even deadly in certain doses.
In recent years, Congress has considered how to regulate non-pharmaceutical analogues to the powerful
opioid fentanyl. At the same time, courts, advocates, and the executive branch have grappled with the
legal status of supervised consumption sites-facilities where illicit drug users can consume opioids
under the supervision of trained staff, receive medical intervention in case of an overdose, and access
services including addiction treatment.
This Legal Sidebar provides information for Congress on recent developments in opioid regulation, with a
focus on regulation under the federal Controlled Substances Act (CSA). The Sidebar first provides
background information on the legal status of opioids. It then discusses recent legal developments related
to fentanyl analogues and supervised consumption sites. The Sidebar closes with a summary of selected
proposals from the 117th Congress that would address other issues related to opioid regulation.
Background on Opioid Regulation
Opioids are subject to regulation under multiple provisions of federal and state law. At the federal level,
prescription opioids are regulated under the Federal Food, Drug, and Cosmetic Act (FD&C Act). Many
pharmaceutical and non-pharmaceutical opioids are controlled substances under the CSA. (Many other
prescription drugs are not controlled substances.) Opioids are also often subject to state controlled
substance laws. This Legal Sidebar focuses on regulation of opioids under the CSA.
The CSA regulates drugs and other substances-whether medical or recreational, legally or illicitly
distributed-that pose a risk of abuse and dependence. Substances become subject to the CSA through
placement in one of five lists, known as Schedules I through V. A lower schedule number carries greater
restrictions, so controlled substances in Schedule I are subject to the most stringent controls. Schedule I
Congressional Research Service
https://crsreports. congress.gov
LSB10865
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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