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ACR 167

Urges Congress to enact H.R.128 directing treatment of illicit fentanyl as weapon of mass destruction.

2024-2025 Regular Session Introduced by Dawn Fantasia

Urges Congress to pass H.R.128 to require DHS to treat illicit fentanyl as a weapon of mass destruction, boosting federal efforts to curb trafficking and production.

Introduced in the Assembly, Referred to Assembly Oversight, Reform and Federal Relations Committee
#drugabuse #memorializat
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Bill Summary · ACR 167

Summary of ACR 167 (New Jersey)

Overview

  • Type: Concurrent Resolution (nonbinding, memorializing legislation)
  • Bill Number: ACR 167
  • Title: Urges Congress to enact H.R.128 directing treatment of illicit fentanyl as a weapon of mass destruction (WMD)
  • Status: Introduced in the New Jersey General Assembly; referred to the Assembly Oversight, Reform and Federal Relations Committee
  • Introduced: June 12, 2025
  • Subject: Drug abuse, memorialization

Purpose and intent

  • ACR 167 urges the United States Congress to enact H.R.128, which would require the Department of Homeland Security to treat illicit fentanyl as a weapon of mass destruction.
  • The resolution frames the action as a means to enhance federal efforts against international trafficking and illicit production of fentanyl, in alignment with prior federal conversations and resolutions recognizing fentanyl as a WMD.

Key provisions and changes proposed

  • Legislative target: H.R.128, federal legislation sponsored by Rep. Lauren Boebert.
  • Designation mechanism: Directs the Assistant Secretary for the Countering Weapons of Mass Destruction Office within DHS to treat illicit fentanyl as a WMD.
  • WMD definition reference: Cites Section 2302 of Title 50, U.S. Code, which defines WMD to include weapons or devices capable of causing death or serious injury through dissemination or impact of toxic/poisonous chemicals, diseases/organisms, or radiation.
  • Justification: Argues that illicit fentanyl meets the USC definition of WMD because it can cause death or serious injury at a large scale via dissemination or impact of toxic chemicals.
  • Context and supporting materials: Relies on H.Res.1172 (117th Congress), which described fentanyl as a WMD and called for bold action to curb trafficking and production, while noting that the designation would not hinder legal medical use of fentanyl or harm ongoing treatment/harm-reduction efforts.
  • Nonbinding nature: As a state concurrent resolution, it does not itself create new law but expresses the Legislature’s position and urges federal action.
  • Communications: If adopted, the resolution would require the Clerk of the General Assembly (or Secretary of State) to transmit copies to the President, the federal DHS and other relevant federal officials, and to New Jersey’s congressional delegation.

Who would be affected

  • Primary beneficiaries: Federal policymakers and agencies (DHS, Countering Weapons of Mass Destruction Office) if Congress acts on H.R.128.
  • Indirect beneficiaries/areas of impact: Public health and public safety communities, international drug-trafficking interdiction efforts, and states considering federal designations in their anti-drug strategies.
  • Note: The resolution is nonbinding at the state level and does not alter state law or grant new state authorities.

Procedural and timeline aspects

  • Placement: Currently in the Assembly, referred to the Oversight, Reform and Federal Relations Committee.
  • Timeline: Introduced June 12, 2025; no further action noted in the provided material.
  • Transmission: If adopted, copies would be transmitted to the President, the U.S. Congress, and New Jersey’s congressional delegation.

Background and rationale

  • The bill cites federal discussions and resolutions (H.R.128 and H.Res.1172) to support the argument that treating illicit fentanyl as a WMD would strengthen international and domestic efforts to disrupt manufacturing and trafficking.
  • The accompanying statement notes ongoing concerns about illegal opioids and the lethal risk posed by fentanyl, often present in illegal drugs without users’ knowledge.

This summary provides the bill’s purpose, key provisions, affected parties, and procedural context in plain terms.

Compiled from official sources — confirm details with the bill’s official record.

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