Executive Order Designates Fentanyl as Weapon of Mass Destruction
Published by The Lawfare Institute
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On Dec. 15, the White House announced an executive order to designate the synthetic opioid fentanyl as a weapon of mass destruction. The order claims that “illicit fentanyl is closer to a chemical weapon than a narcotic” and warns about its potential use by adversaries in a “concentrated, large-scale terror attack.” The designation comes amidst ongoing controversy over the administration’s use of military strikes to target Venezuelan boats allegedly trafficking fentanyl.
The executive order is organized into sections on policy purpose, implementation, and definitions.
In its first section, the executive order deems fentanyl a national security threat that “fuels lawlessness in our hemisphere and at our borders” and singles out two unnamed cartels as “predominantly responsible for the distribution of fentanyl.”
Section two directs the attorney general and secretary of defense to determine whether it’s appropriate for military assets to be used in addition to domestic law enforcement resources to respond to the fentanyl threat. It also instructs the defense secretary to update the armed forces’ policies regarding chemical incidents to include fentanyl.
The secretary of state and treasury secretary are to “take appropriate actions against relevant assets and financial institutions” involved in the fentanyl trade. The order also directs the attorney general to pursue investigations and prosecutions for fentanyl trafficking.
The third section defines “illicit fentanyl” as fentanyl distributed, manufactured, dispensed, or possessed in violation of the Controlled Substances Act.
You can read the executive order here or below:
