Fentanyl is a synthetic opioid originally synthesized by Paul Janssen in Belgium in 1959 to ease extreme pain. Like all opioids, fentanyl is a chemical that interacts with the body’s opioid receptors, causing the release of endorphins. Because endorphins create feelings of euphoria, fentanyl has the potential for addiction. It was approved for medical use in the United States in 1968, and in its legal form still proves to be incredibly useful for patients experiencing acute pain.

Fentanyl analogues can be understood as strains of fentanyl that vary by potency. At the time of writing this, there are thought to be over 600 analogues of fentanyl; including: carfentanil, methylfentanyl, alfentanil etc. Fentanyl analogues are, in most cases, highly concentrated doses of fentanyl originally intended to be used as a sedative for large mammals.

Illicitly manufactured fentanyl or “IMF” refers to all fentanyl that is manufactured, sold and distributed for any unsanctioned purposes. Illicit fentanyl is an inexpensive way to increase the potency of other recreational drugs. But, because it can be synthesized into more concentrated, and more lethal analogs it poses a serious threat to unsuspecting buyers on the street if cut unevenly into other drugs.

Currently, illicit fentanyl is classified as a Schedule II controlled substance, but was temporarily classified as a Schedule I controlled substance up until Feb. 18 2022. The United States Drug Enforcement Administration defines Schedule I drugs as, “drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous.”

The lethal dose of prescription fentanyl is estimated to be 2 mg according to the DEA. Lacing illicit fentanyl and its analogues into recreational drugs causes uneven distribution, making it impossible to determine the lethality of one hit of heroin, for example. Even worse, many people seeking out recreational drugs are unaware that their purchase contains fentanyl - putting them at a greater risk of dying unintentionally.

Illicitly manufactured fentanyl is predominantly manufactured in China or Mexico using precursor chemicals such as 4-ANPP. From there it is often brought into the United States on foot or shipped through the USPS. However, because the raw materials needed to create illicit fentanyl are easily accessible and inexpensive - many people have the means to make it here in the United States as well.

Illicit fentanyl has overtaken the illegal drug market and poses a serious threat to regular and first time drug users, as well as first responders and law enforcement officers coming into contact with the lethal substance. Sixty four percent of all drug “overdoses” can be traced back to fentanyl, and less than 1% of all fentanyl deaths were labeled suicides last year, according to the CDC. Meaning that 99% of all fentanyl deaths were unintentional.

As of January 2022, illicit fentanyl accounted for 64% of all drug related deaths in the United States last year. Fentanyl poisoning is now the number one cause of death among Americans ages 18 to 45, surpassing COVID-19, suicide, and car accidents. Fentanyl deaths among teens tripled in just two years - and increased five-fold among Black teens in that same period. Illicit fentanyl is responsible for 175 deaths every day and has killed more than 200,000 Americans since 2015. Fentanyl deaths continue to rise all across the United States; doubling in 30 states in just two years. Illicit fentanyl poses a serious threat to our communities and requires an all-of-government response plan.

As of October 2022, 3 pieces of legislation have been introduced into the United States House of Representatives urging the Biden administration to declare illicit fentanyl, and its analogues, a Weapon of Mass Destruction. Congresswoman Boebert, a Republican, introduced H.R.8030 “Fentanyl is a WMD Act” in June; Congressman Ryan, a Democrat, introduced H.Res.1172, “Expressing that fentanyl is a Weapon of Mass Destruction,” the following day in June; and Congressman Dunn introduced H.Res.1327 in August. There is currently bipartisan support in Congress for a WMD designation.

Additionally, 18 Attorney Generals from across the country wrote a letter to the Biden administration urging them to declare illicit fentanyl a Weapon of Mass Destruction.

The White House Office of National Drug Control Policy has created a strategy to combat the supply of illicit fentanyl by disrupting the international market; and to support communities impacted by illicit fentanyl by reducing stigma and funding evidence-based treatment programs. Their “National Drug Control Strategy” targets the international trafficking and manufacturing of illicit fentanyl; prioritizes the distribution of naloxone and fentanyl test strips; widens access to treatment programs, and improves existing data collection systems.

According to the Organisation for the Prohibition of Chemical Weapons, which is responsible for implementing and enforcing the Convention on Chemical Weapons, “a Chemical Weapon is a chemical used to cause intentional death or harm through its toxic properties.”

The Convention on Chemical Weapons lists three “schedules” of chemical weapons:

Schedule 1 chemicals have few or no uses beyond being used to kill, harm, or incapacitate.

Schedule 2 chemicals have legitimate small scale applications and can also kill, harm, or incapacitate.

Schedule 3 chemicals have large scale uses and can also kill, harm, or incapacitate.

Fentanyl is inexpensive, easy to manufacture and easy to weaponize. In 2002, the Russian government aerosolized fentanyl with the intention of sedating a group of rebels and hostages holed up in a Moscow theater. Unfortunately, they underestimated the lethality of fentanyl and unintentionally killed over 100 hostages.

Illicit fentanyl and its analogues have been pouring into the United States by the thousands of pounds. Just last year the DEA seized enough illicit fentanyl to kill millions of people. Terrorist groups both abroad and here in the United States have already begun stock piling illicit fentanyl. Democratic and Republican Congress members have spoken publicly about the potential weaponization of illicit fentanyl.

Declaring illicit fentanyl a WMD would empower the U.S. to shift from a policy of mass incarceration to an all-of-government response targeting the top of the supply chain. It would allow us to anticipate the movement of illicit fentanyl into and throughout the country, and hold international criminal organizations responsible.

Federal Programs for National Preparedness Across All-Hazards Response

DHS Master Question List (MQL) for Synthetic Opioids