White House Designates Fentanyl as Weapon of Mass Destruction

President Donald Trump signed an executive order this week classifying fentanyl as a weapon of mass destruction. This will now expand enforcement tools and give the government additional powers to combat illegal trafficking of the fentanyl.

What will this mean to clients charged with trafficking or possessing fentanyl? This concept has been debated for a few years now. Unfortunately, it is now official. This executive order will increase the penalties. 18 U.S.C. §2332 imposes a maximum sentence of life in prison for violation of this statute, and, if death results, this statute permits bringing the death penalty.

Despite intensified measures targeting drug supply and trafficking, there remains a lack of substantial efforts directed toward treatment, prevention, and broader accountability. Issues surrounding pharmaceutical companies such as the Sacklers, Purdue Pharma, and the ongoing opioid epidemic continue to be areas of public concern and debate.  

While federal enforcement efforts are intensifying, the current approach may further strain the criminal justice system, especially as courts and correctional facilities contend with rising caseloads linked to fentanyl offenses. The broader public health response—including investments in addiction recovery, harm reduction, and community education—remains crucial to preventing future tragedies and supporting individuals affected by substance use disorders. As policy shifts continue, we will need to balance aggressive enforcement with meaningful support for those impacted by the opioid crisis. 

The Department of Justice is currently citing “office policy” of very tough resolutions to drug trafficking cases with zero thought on the individual details of each case.

Contact us should you or a loved one be facing a possession with intent to distribute or drug trafficking charge.