IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 39 
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. 
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 Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 Num-
ber, and for which no exemption or approval is in effect 
under section 505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355), that is structurally related to 
fentanyl by one or more of the following modifications, 
including— 
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•HRES 39 IH 
(1) replacement of the phenyl portion of the 
phenethyl group by any monocycle, whether or not fur-
ther 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 aro-
matic monocycle whether or not further substituted in or 
on the aromatic monocycle; or 
(5) replacement of the N–propionyl group by an-
other acyl group; 
Whereas China remains the primary source of illicit fentanyl 
precursors and illicit fentanyl-related substances traf-
ficked through international mail and into the United 
States; 
Whereas transnational criminal organizations in Mexico are 
rapidly increasing the flow of illicit fentanyl-related sub-
stances into the United States over the porous Southern 
United States border; 
Whereas India has emerged as a growing supplier of pre-
cursor 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 ac-
cording to the Drug Enforcement Administration; 
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•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, there-
fore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) the President should classify synthetic illicit 
fentanyl-related substances as a weapon of mass de-
struction; and 
(2) illicit fentanyl, and illicit fentanyl-related 
substances, should be permanently placed in sched-
ule I, as defined by 21 U.S.C. 813. 
Æ 
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