IV 

118TH CONGRESS 

1ST SESSION H. RES. 39 

Expressing the sense of the House of Representatives that illicit fentanylrelated substances are a weapon of mass destruction and should be 

classified as such. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2023 

Mr. DUNN of Florida submitted the following resolution; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Expressing the sense of the House of Representatives that 

illicit fentanyl-related substances are a weapon of mass 

destruction and should be classified as such. 

Whereas the term ‘‘fentanyl-related substance’’ is defined in 

section 1308.11(h)(30)(i) of title 21, Code of Federal 

Regulations, as any substance not otherwise listed under 

another Administration Controlled Substance Code Number, and for which no exemption or approval is in effect 

under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), that is structurally related to 

fentanyl by one or more of the following modifications, 

including— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 39 IH 

(1) replacement of the phenyl portion of the 

phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; 

(2) substitution in or on the phenethyl group with 

alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, 

or nitro groups; 

(3) substitution in or on the piperidine ring with 

alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 

haloalkyl, amino, or nitro groups; 

(4) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or 

on the aromatic monocycle; or 

(5) replacement of the N–propionyl group by another acyl group; 

Whereas China remains the primary source of illicit fentanyl 

precursors and illicit fentanyl-related substances trafficked through international mail and into the United 

States; 

Whereas transnational criminal organizations in Mexico are 

rapidly increasing the flow of illicit fentanyl-related substances into the United States over the porous Southern 

United States border; 

Whereas India has emerged as a growing supplier of precursor chemicals and illicit fentanyl-related substances; 

Whereas, in July 2018, the Federal Bureau of Investigation 

Weapons of Mass Destruction Directorate assessed that 

‘‘fentanyl is very likely a viable option for a chemical 

weapons attack by extremists or criminals’’; 

Whereas illicit fentanyl and illicit fentanyl-related substances 

trafficking operations are growing in sophistication according to the Drug Enforcement Administration; 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HRES 39 IH 

Whereas a single kilogram of illicit fentanyl or an illicit 

fentanyl-related substance can kill 500,000 individuals; 

Whereas an estimated 71,238 citizens of the United States 

have lost their lives from a synthetic opioid overdose in 

2021 according to the Centers for Disease Control and 

Prevention; 

Whereas illicit fentanyl is the leading driver of the United 

States ongoing opioid crisis, according to the Centers for 

Disease Control and Prevention; and 

Whereas Florida Attorney General Ashley Moody has sent a 

letter to President Biden urging him to classify illicit 

fentanyl as a weapon of mass destruction: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the President should classify synthetic illicit 

4 fentanyl-related substances as a weapon of mass de5 struction; and 

6 (2) illicit fentanyl, and illicit fentanyl-related 

7 substances, should be permanently placed in sched8 ule I, as defined by 21 U.S.C. 813. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB