While this EO “reads” rather straight forward! BUT… the DOJ/DEA has done very little in a straight forward arena in applying the CSA against those in the controlled substance distribution system. There are FOUR FDA APPROVED Fentanyl analogs as safe for use in humans.
HOWEVER, if one of those four FDA approved Fentanyl analogs are in the possession of someone who they were not prescribed to, they become an ILLEGAL/ILLICIT CONTROLLED SUBSTANCE.
Could the DOJ/DEA twist their interpretations of this EO, that if they determined that one or more Rxs filled for Fentanyl was determined was not for a valid medical need and thus they end up selling a illicit Fentanyl product.
DESIGNATING FENTANYL AS A WEAPON OF MASS DESTRUCTION
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy. Illicit fentanyl is closer to a chemical weapon than a narcotic. Two milligrams, an almost undetectable trace amount equivalent to 10 to 15 grains of table salt, constitutes a lethal dose. Hundreds of thousands of Americans have died from fentanyl overdoses.
The manufacture and distribution of fentanyl, primarily performed by organized criminal networks, threatens our national security and fuels lawlessness in our hemisphere and at our borders. The production and sale of fentanyl by Foreign Terrorist Organizations and cartels fund these entities’ operations — which include assassinations, terrorist acts, and insurgencies around the world — and allow these entities to erode our domestic security and the well-being of our Nation. The two cartels that are predominantly responsible for the distribution of fentanyl in the United States engage in armed conflict over territory and to protect their operations, resulting in large-scale violence and death that go beyond the immediate threat of fentanyl itself. Further, the potential for fentanyl to be weaponized for concentrated, large-scale terror attacks by organized adversaries is a serious threat to the United States.
As President of the United States, my highest duty is the defense of the country and its citizens. Accordingly, I hereby designate illicit fentanyl and its core precursor chemicals as Weapons of Mass Destruction (WMD).
Sec. 2. Implementation. The heads of relevant executive departments and agencies (agencies) shall take appropriate action to implement this order and eliminate the threat of illicit fentanyl and its core precursor chemicals to the United States. This includes the following actions:
(a) the Attorney General shall immediately pursue investigations and prosecutions into fentanyl trafficking, including through criminal charges as appropriate, sentencing enhancements, and sentencing variances;
(b) the Secretary of State and the Secretary of the Treasury shall pursue appropriate actions against relevant assets and financial institutions in accordance with applicable law for those involved in or supporting the manufacture, distribution, and sale of illicit fentanyl and its core precursor chemicals;
(c) the Secretary of War and the Attorney General shall determine whether the threats posed by illicit fentanyl and its impact on the United States warrant the provision of resources from the Department of War to the Department of Justice to aid in the enforcement of title 18 of the United States Code, as consistent with 10 U.S.C. 282;
(d) the Secretary of War, in consultation with the Secretary of Homeland Security, shall update all directives regarding the Armed Forces’ response to chemical incidents in the homeland to include the threat of illicit fentanyl; and
(e) to ensure the United States uses the full array of appropriate counter-fentanyl tools, the Secretary of Homeland Security, as consistent with applicable law and in coordination with the heads of relevant agencies, as appropriate, shall identify threat networks related to fentanyl smuggling using WMD- and nonproliferation-related threat intelligence to support the full spectrum of counter-fentanyl operations.
Sec. 3. Definitions. (a) “Illicit fentanyl” means fentanyl that is manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense in violation of section 401 and 406 of the Controlled Substances Act (21 U.S.C. 841, 846).
(b) “Core precursor chemicals” means the core chemicals that create illicit fentanyl and its analogues, such as Piperidone or other Piperidone-based substances.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Justice.
DONALD J. TRUMP
THE WHITE HOUSE,
December 15, 2025.
Filed under: General Problems
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Considering the border is closed so tightly, and the numbers of individuals whose deaths were attributed to opioid OD in 2024 was down 25% compared to 2023, it seems a strange time for the administration to be suddenly making all these flashy moves calling attention to illicit fentanyl.
The numbers can’t really mean anything, since only 5% of US decedents get autopsied (although 100% get a cause-of-death, which your loved ones will be unable to appeal no matter how unlikely it is to be accurate).
I think it might be plausible to declare illicit fentanyl using precursors from China as a dangerous weapon. There are authorities in Venezuela who publicly claim that sending such drugs to the US is part of their campaign to undermine our nation. I strongly suspect that some batches include some extra dangerous ingredients. When someone who is supposedly ODing is given narcan and dies anyway, isn’t i t unlikely to have been an actual OD? I’d bet such an individual is counted as an “opioid OD” and not examined for potential poisoning.
Not only do our dead not get autopsied, but do any drugs at the scene ever get tested to confirm what the person may have consumed? I’m pressing “X” to doubt.
In any case, 89% of individuals counted as opioid OD (almost entirely from illicit drugs) have 1-4 other drugs listed on their death certificates, meaning polypharmacy would be a more plausible cause of death.
This is insanity in the highest echelons of our government, as the biggest problem and contributing factors are the prohibition of drugs and all the other inhumane laws and regulations that that unconstitutionally affect people suffering debilitating conditions and illnesses including chronic pain and cancer pain. They have not learned anything from history and are repeating the same mistakes of alcohol prohibition. Soon they will be restoring the NFA and police militarism. Though the latter has already occurred. We need to make our voices heard even if they may fall on deaf ears, eventually we will make progress!