Senator Cornyn

Cornyn, Feinstein Bill to Close Loophole Enabling Illegal Opioid Distribution Signed Into Law

November 10, 2021

WASHINGTON – U.S. Senators John Cornyn (R-TX) and Dianne Feinstein (D-CA) released the following statements after their Ensuring Compliance Against Drug Diversion Act, which would help prevent bad actors from creating shell entities or using registration loopholes to continue to distribute opioids at alarming rates and provide more transparency and accountability for pharmacies seeking to distribute controlled substances, was signed into law:

“While narcotics can play a role in pain management for patients receiving medical care, the abuse of these drugs has ravaged communities across the country,” said Sen. Cornyn. “By closing a loophole in drug regulations, this legislation would help stop companies from distributing opioids under false pretenses and fueling this epidemic.”

“I’m pleased President Biden signed our legislation into law, making it harder to abuse the legal manufacturing and sale of controlled substances,” said Sen. Feinstein. “We’ve seen far too many drugs — particularly opioids — flooding our communities and leaving devastation behind. This legislation will help put a stop to these community-destroying practices.”

Background:

The Ensuring Compliance Against Drug Diversion Act would codify current drug regulations to make clear that U.S. Drug Enforcement Administration (DEA) registration may not be transferred or passed from one entity to another after that entity (possessing the registration) dies, ceases legal existence, discontinues professional practice, or surrenders the registration. By clarifying it in statute, it would put those trading the registration on direct notice that this conduct is illegal and that they need to go through the DEA in order to obtain a new registration.