[Congressional Record Volume 157, Number 190 (Monday, December 12, 2011)]
[Extensions of Remarks]
[Page E2226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SYNTHETIC DRUG CONTROL ACT OF 2011

                                 ______
                                 

                               speech of

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                      Wednesday, December 7, 2011

  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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