Why a Weapon of Mass Destruction?
Who supports a WMD designation of illicit fentanyl?
Bipartisan members of Congress, state representatives, former government officials and medical professionals have all expressed public support for a Weapon of Mass Destruction Designation - read the full list below.
Our Plea
The U.S. Government is considering designation of illegal fentanyl as a Weapon of Mass Destruction (WMD). This would enable the Department of Justice, Department of Homeland Security, Drug Enforcement Agency (DEA), Department of Defense and other relevant federal agencies to better coordinate their efforts to interdict the international supply of illicit fentanyl, and immediately publish the necessary administrative directives to eliminate the threat posed by these deadly substances.
Federal Statute (18 U.S. Code § 2332a) states that “any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxin or poisonous chemicals, or their precursors” 1 would be defined as a WMD. Illegal fentanyl and its analogues, especially carfentanil, are such toxins, capable of causing mass deaths or biological impairment.
Illegally imported fentanyl seizures in 2021 totaled more than 11,000 lbs., which is more than 2.5 billion lethal doses and enough to kill seven times the population of the U.S. According to a study by the NYU Grossman School of Medicine, seizures of fentanyl-laced pills in the United States increased by 834% between January 2018 and December 2021. Illicit fentanyl is currently being laced into fake Xanax®, Percocet®, Oxycontin®, Adderall® and Vicodin® pills, according to the DEA. In just two months, the DEA seized 1.8 million fentanyl-laced fake pills which is enough to kill more than 700,000 people. In that same period, the DEA seized over 1,500 pounds of fentanyl powder: enough to make tens of millions of lethal pills. Fentanyl is the number one cause of death among Americans aged 18 to 45, according to our analysis of CDC data. Fentanyl deaths doubled in just two years, and tripled among teens in that same period. The following list compares lethal doses of fentanyl and its more powerful analogue, carfentanil, with the highest-class nerve agent Sarin, which is currently designated as a WMD
Agent
Carfentanil
Sarin
Fentanyl
158 lb. Person: Deadly Dose
.02 mg
50 mg
2 mg
We urge all relevant federal agencies to aggressively confront this threat by naming illegal fentanyl and its analogues Weapons of Mass Destruction.
James Rauh
Families Against Fentanyl
1 https://www.law.cornell.edu/uscode/text/18/2332a
2 https://www.dhs.gov/news/2019/04/24/mcaleenan-through-innovation-partnership-and-prevention-dhs-confronting-opioid
3 http://via.fox8.com/9JWuQ
4 https://www.foxnews.com/media/opioid-crisis-fentanyl-china-mexico-florida
5 https://web.stanford.edu/class/e297c/poverty_prejudice/paradox/htele.html
6 https://www.epa.gov/sites/production/files/2018-07/documents/fentanyl_fact_sheet_ver_7-26-18.pdf
7 https://gandaracenter.org/?s=carfentanil
8 https://www.encyclopedia.com/social-sciences-and-law/law/crime-and-law-enforcement/sarin-gas
9 https://en.wikipedia.org/wiki/Fentanyl
10 https://www.cbp.gov/newsroom/stats/drug-seizure-statistics
11 https://www.census.gov/newsroom/press-releases/2021/2021-population-estimates.html
12 https://www.dea.gov/press-releases/2021/09/30/dea-seizes-historic-amounts-deadly-fentanyl-laced-fake-pills-public
13 https://nyunews.com/news/2022/04/20/study-finds-fentanyl-seizures-increasing/
14 https://www.acsh.org/news/2023/01/10/4-anpp-fentanyl-waiting-16739
Want to learn more about a WMD designation?
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The Department of Homeland Security released their “Master Question List (MQL) for Synthetic Opioids” in September 2021 outlining the exposure pathways of fentanyl.
Because of its chemical structure, fentanyl can be aerosolized and turned into a gas, dissolved into liquids, and released as a powder. It is relatively easy and inexpensive to weaponize illicitly obtained fentanyl, and requires very little material to do so.
Click here to read the full DHS document.
Click here to read about 4-ANPP, an unrestricted, readily accessible precursor chemical that can be easily synthesized into fentanyl (or its analogs).
Click here to read the results of a toxidrome recognition and response study published in the New England Journal of Medicine.
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The legal implications of a Weapon of Mass Destruction designation of illicit fentanyl, and its analogs, is dependent upon the chosen definition.
There are two definitions of chemical weapons: Title 15 and Title 18.
Title 18 is more likely to impact the domestic market, and could enable the federal government to seek harsher punishments for those who, “use, threaten, attempt, or conspire to use a weapon of mass destruction.”
Title 15 is more likely to impact the international market of illicit fentanyl. However, regardless of the definition, a WMD designation would likely strengthen existing supply interdiction efforts internationally, increase federal sanctions, and lead to the prosecution of international manufacturers and traffickers.
Click here to read a brief overview of relevant federal statutes.
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Dozens of federal and international agencies have existing standards in place to anticipate and respond to attacks using chemical weapons.
These agencies address every facet of the issue including: supply interdiction, detection, systems development, intelligence gathering, interagency data sharing, sanctions, and prosecutions.
Click here to see our list of agencies already working to address chemical weapons.
Click here to read about the programs in place to address national security threats posed by chemical weapons.