Executive Order No. 14367. Designating Fentanyl as a Weapon of Mass Destruction
| Executive Order No. | 14367 |
| Published date | 18 December 2025 |
| Citation | 90 FR 59365 |
| Date | 15 December 2025 |
| Section | Presidential Documents |
Presidential Documents
59365
Federal Register / Vol. 90, No. 241 / Thursday, December 18, 2025 / Presidential Documents
Executive Order 14367 of December 15, 2025
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 equiva-
lent 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 orga-
nized 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’ oper-
ations—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 respon-
sible 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 pros-
ecutions 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 ac-
cordance with applicable law for those involved in or supporting the manu-
facture, distribution, and sale of illicit fentanyl and its core precursor chemi-
cals;
(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 Depart-
ment 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 applica-
ble law and in coordination with the heads of relevant agencies, as appro-
priate, shall identify threat networks related to fentanyl smuggling using
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59366
Federal Register / Vol. 90, No. 241 / Thursday, December 18, 2025 / Presidential Documents
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.
THE WHITE HOUSE,
December 15, 2025.
[FR Doc. 2025–23417
Filed 12–17–25; 11:15 am]
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