COMMENTARY: North and South Carolina U.S. Attorneys call upon Congress to permanently ban fentanyl analogues

by Jan 29, 2020OPINIONS



In 2017, nearly 50,000 Americans died from an opioid overdose. In 2018, synthetic opioids accounted for over 28,000 overdose fatalities across the United States. Hundreds of those victims died here, in the Carolinas. They were our friends, our colleagues, our neighbors. And while we are encouraged by a recent decline in the reported death toll, the untimely loss of any life to this drug scourge is too great of a tragedy. As law enforcement leaders, this epidemic requires our continued and sustained attention. 

One of the deadliest synthetic opioids is fentanyl, a drug 50 times more potent than heroin, and 100 times more powerful than morphine. Incredibly small quantities – measured like the grains of salt – can kill the average person. Illegal fentanyl is manufactured in high-volume labs in China and Mexico, and its chemical structure is easily altered to create new drugs, called fentanyl analogues. Those who manufacture these increasingly dangerous drugs flagrantly skirt our laws and cause devastation in our communities. 

In 2018, the Drug Enforcement Administration (DEA) used its authority to temporarily ban all fentanyl-related substances and closed a loophole used by drug traffickers to exploit our laws and profit off our people. But, the DEA’s order expires on Feb. 6, and, unless Congress acts, many fentanyl analogues will become legal. Congress’s inaction will deliver a serious blow to our efforts to prosecute drug organizations and dealers who traffic in fentanyl. Further, it will make it more difficult to put behind bars those responsible for the deaths of our loved ones. 

The United States Senate recently approved a temporary extension of the DEA’s temporary order. That is a good start. But, in order to stem this deadly epidemic, we need Congress to act decisively and permanently declare all fentanyl analogues illegal. Congress’ action will permanently arm law enforcement with the tools necessary to protect our communities from these deadly illicit drugs. 

Critics of a permanent ban argue that the bill does not include a public health approach to the overdose crisis. We wholeheartedly agree that only a comprehensive approach will stem the tide of this public health crisis. Indeed, each of our U.S. Attorney’s offices collaborates with health care professionals, social services providers, and a wide range of community groups to implement comprehensive solutions to address this problem. But, strong criminal laws are a critical component of the Nation’s response to this crisis, and time is short. Mexican and Chinese drug traffickers eagerly await the expiration of the DEA’s temporary order to flood our communities with their increasingly deadly analogue poisons. 

We join U.S. Attorney General William Barr and our fellow United States Attorneys across the country in calling upon Congress to permanently ban all fentanyl-related drugs. The lives of countless Carolinians depend upon swift and decisive action. 

Higdon, Martin, and Murray are the United States Attorneys for the Eastern, Middle and Western Districts of North Carolina, respectively.  Crick is the Acting United States Attorney for the District of South Carolina.