Why a Weapon of Mass Destruction?

In terms of loss of life and damage to the economy, illicit synthetic opioids have the effect of a slow-motion weapon of mass destruction in pill form.
— Commission on Combating Synthetic Opioid Trafficking, "Final Report"
  • Overview

    Despite past efforts, more Americans are dying by fentanyl poisoning than ever before. In fact, according to the latest data from the CDC, fentanyl deaths doubled in just two years, and increased five-fold in six states. In that same time period, fentanyl deaths among teens more than tripled and increased five-fold among Black teens specifically. We are losing more than 170 Americans every day to illicit fentanyl poisoning; surpassing car accidents, suicide, gun deaths breast cancer or colon cancer.

  • Fentanyl Poisoning is Now the #1 Cause of Death of Americans 18-45

    Drug “overdoses,” or poisonings, killed a record 100,000 Americans in 2021, 64% attributable to illicit fentanyl. Fentanyl ravages communities all across the United States, killing hundreds of Americans every day. 

  • It’s not an Overdose. It’s POISONING.

    Most Americans who are killed by fentanyl do not even know they are ingesting it. Many buyers use the illicit substance as an inexpensive way to heighten the effects of heroin, cocaine, ecstasy, xanax, weed or oxycontin. Very few dealers advertise fentanyl when selling their products, hoping instead to appear as though they sell uncut highly concentrated products. Without proper dosage, this practice puts tens of thousands of lives at risk every year. Just .02 mg of carfentanil is enough to kill an 158 pound person. Accidental fentanyl deaths among children and infants continue to rise across the United States, and quadrupled from 2018 to 2020.

    Twenty years ago, one in five overdoses was determined to be suicide. Today, less than one percent of all fentanyl deaths are attributed to suicide. A staggering 95% of all fentanyl deaths are unintentional, regardless of race.

  • Illicit Fentanyl Kills Thousands of Americans Every Year, and Costs Trillions of Dollars.

    The unimaginable loss of human life at the hands of illicit fentanyl cannot be overstated.  The threat that it poses to our communities, friends and families should not be overlooked.  But, if the devastating loss of life and the threat of a mass-casualty event are not enough; we should consider the financial cost of the ongoing opioid epidemic.

    The White House Council of Economic Advisors estimated that between 2015 and 2018, the opioid crisis cost the United States government $2.5 trillion. Their calculation accounts for the value of statistical life (VSL), a cost that many organizations fail to consider. Since then, illicit fentanyl deaths have doubled.

  • Mass Incarceration is Not the Solution.

    For too long, the US has treated illicit fentanyl as an ordinary street drug, imprisoning the people at the bottom of the supply chain rather than the people at the top: the international manufacturing and trafficking cartels. With a bold strategy focused on the foreign manufacturers and traffickers of illicit fentanyl, we can save lives and take this poison off our streets. 

    Designating fentanyl as a Weapon of Mass Destruction will empower the US to shift from a policy of mass incarceration to an all-of-government approach to cut off the supply chain at its source, effectively stopping the flow of this poison into our country. Meanwhile, we can provide compassionate care to those struggling with addiction by expanding access to affordable rehabilitation programs, mental health counseling and holistic care options. We want to destigmatize addiction by promoting care and tailoring our mental health services to each individual and community. We understand that harsh drug policies can at times do more harm than good, and our goal is to create a solution that will cut off the supply chain and support individuals working towards a healthy future.

  • A WMD Designation Empowers the U.S. Against International Criminal Organizations

    A WMD Designation, would allow the U.S. government to use its full power to investigate, uncover and prosecute the international criminal organizations responsible for manufacturing and trafficking illicit fentanyl, its analogues and components. We want to stop this poison BEFORE it reaches our streets.

  • Experts say Fentanyl is “terrifyingly lethal”

    In 2002, the Soviet Government created a gaseous form of carfentanil in an effort to incapacitate a group of Chechen rebels and their hostages holed up in a Moscow theater otherwise inaccessible to a SWAT-like team. Instead, they unintentionally killed hundreds of people, both rebels and hostages alike. The potential exposure pathways are vast, and can be easily manipulated to kill hundreds if not thousands of people.

  • Fentanyl is a Terrorism Threat.

    Illicit fentanyl is cheap, easy to manufacture and easily weaponized. Fentanyl can be aerosolized or dissolved into our water supply; allowing domestic or international terrorists to effectively wipe out large swaths of people. Extortionists already use fentanyl as a bargaining tool; threatening to poison innocent people with fentanyl if their loved ones refuse to pay a ransom.

    A number of government officials have already spoken out about the threat that fentanyl poses both nationally and internationally. James F. McDonell, former DHS assistant secretary for countering weapons of mass destruction, was quoted as saying “Fentanyl’s high toxicity and increasing availability are attractive to threat actors seeking nonconventional materials for a chemical weapons attack.” Andy Weber, former assistant secretary of defense for Nuclear, Chemical and Biological Defense Programs, similarly believes that “[fentanyl is] a game changer.  In my lifetime I’ve never seen a weapon of mass destruction that is part of an existing black market.”

  • Bipartisan Officials Agree: Illicit Fentanyl Should Be Designated a WMD

    We have garnered the support of both Republicans and Democrats alike, and our coalition letter addressed to President Biden was signed by: the Honorable Tom Ridge, the first U.S. Secretary of Homeland Security; Michael J. Morell, former Acting and Deputy Director of the CIA; the Honorable John O. Brennan, former Director of the CIA; Ambassador Earl Anthony “Tony” Wayne, former Ambassador to Mexico and Argentina; and former leaders of the ONDCP, the DEA and the DoD.

    Many law enforcement, intelligence and emergency response agencies have existing procedures in place to address similarly dangerous Weapons of Mass Destruction.  This designation would simply apply these existing standards to the manufacturing, trade and distribution of illicit fentanyl and its analogues. In order to defeat this crisis and prevent future deaths, sustained and concrete action is needed. Existing legislation lays the foundation for a WMD designation, but has not gone far enough. This issue affects both parties, and therefore requires a bipartisan, proactive solution targeting the top of the supply chain.

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?

  • 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.

  • 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.

  • 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.