Hearings to examine the poisoning of America, focusing on fentanyl, its analogues, and the need for permanent class scheduling

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary · February 4, 2025 · 119th Congress
The Senate Judiciary Committee held this hearing, "The Poisoning of America," to examine fentanyl and fentanyl-related substances (FRS) and press for permanent class scheduling before the current temporary scheduling expires March 31 [0:23:23]. Begins at ▶ 0:18:09
Transcript
Highlights

Title

Senate Judiciary examines permanent fentanyl class scheduling and social media accountability

Purpose

The Senate Judiciary Committee held this hearing, "The Poisoning of America," to examine fentanyl and fentanyl-related substances (FRS) and press for permanent class scheduling before the current temporary scheduling expires March 31▶ 0:23:15. Lawmakers heard from bereaved parents, an emergency physician who pioneered FRS class scheduling in Wisconsin, an Orange County sheriff, and a U.S.-Mexico security researcher on drug trafficking, border enforcement, and social media companies' role in facilitating drug sales to minors. Begins at▶ 0:18:09

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:18:09: Opened by citing roughly 75,000 fentanyl deaths two years ago (~200/day)▶ 0:18:57, read a letter from an Iowa mother who lost her son Bailey▶ 0:19:59, and urged quick passage of the bipartisan HALT Fentanyl Act he introduced with Sen. Cassidy before the March 31 scheduling expiration▶ 0:23:15; later raised concerns about FBI agent reassignments and reduced-communication accountability▶ 1:31:20.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:24:26: Said 2 milligrams of fentanyl can cause an overdose and overdose deaths fell over 10% in 2023▶ 0:24:26▶ 0:24:55; described the Cooper Davis and Devin Norring Act to hold tech platforms accountable▶ 0:25:51; later noted the committee passed five bipartisan social-media bills unanimously last Congress that then stalled with "nothing" happening▶ 1:06:34▶ 1:07:32.

• Sen. John Cornyn (R-TX), acting Chair▶ 0:33:35: Pressed on China as the source of fentanyl precursor chemicals▶ 1:00:28 and disputed Durbin's claim that most fentanyl is smuggled by U.S. citizens through ports of entry▶ 1:02:47; entered 58 family letters into the record▶ 1:12:09.

• Jaime Puerta, VOID co-founder▶ 0:33:51: Testified his son Daniel died in 2020 after unknowingly taking a counterfeit fentanyl-laced pill believed to be oxycodone▶ 0:34:46▶ 0:36:43; urged passage of the HALT Fentanyl Act▶ 0:37:37 and later called for going after money launderers, citing TD Bank's laundering case▶ 2:50:10.

• Bridgette Norring, Devin Norring Foundation founder▶ 0:38:49: Described her 19-year-old son Devin's 2021 death after buying a fentanyl-laced pill via Snapchat▶ 0:39:50; said Snapchat executives told her parents had "no power" to sue due to Section 230▶ 0:41:25; testified the family's lawsuit against Snapchat is now in discovery▶ 1:09:52.

• Dr. Timothy Westlake, emergency physician▶ 0:43:34: Said he administered Narcan days earlier to save a fentanyl overdose patient▶ 0:43:51; explained FRS are near-identical fentanyl variants that evade scheduling and that a lethal dose is 2 milligrams▶ 0:44:55; said his Wisconsin law inspired the 2018 DEA FRS class scheduling and cited only 8 federal FRS prosecutions as of 2021▶ 0:46:18▶ 0:47:09.

• Dr. Cecilia Farfan-Mendez, UC San Diego researcher▶ 0:32:05▶ 0:49:11: Said 86.4% of people sentenced for fentanyl trafficking in FY2023 were U.S. citizens▶ 0:51:56; argued firearms trafficking to Mexico (two-thirds of traced guns sourced from the U.S.) subsidizes cartel violence▶ 0:52:52; disputed that Mexican presidents are complicit with cartels▶ 2:04:22.

• Sheriff Don Barnes, Orange County/Major County Sheriffs of America▶ 0:54:21: Said his teams' pill seizures rose from about 16,278 in 2021 to over 2 million in 2024▶ 0:55:41; said HIDTA funding has been flat for 10 years, covering only about a sixth of costs▶ 1:21:44; said California's Prop 47 and sanctuary laws have hampered enforcement▶ 0:56:10▶ 1:29:11.

• Sen. John Cornyn / Sen. Mike Lee (R-UT)▶ 1:24:17: Cited Utah fentanyl deaths rising 115% from 2014–2023, from 23 to over 600 deaths in 2023▶ 1:24:42▶ 1:25:08; asked Barnes whether Biden-era border policy contributed to rising fentanyl flow▶ 1:27:52.

• Sen. Richard Blumenthal (D-CT)▶ 1:29:58: Praised bipartisan support for a Kids Online Safety-type bill with Sen. Blackburn (91-3 Senate vote)▶ 1:30:28; raised concerns about DOJ/FBI staff reassignments and asked to recall FBI Director Kash Patel for a hearing on alleged political retribution▶ 1:31:20▶ 1:31:52.

• Sen. Ted Cruz (R-TX)▶ 1:35:36: Cited that CBP seized 22,050 pounds of fentanyl at the border last year and displayed props showing amounts capable of killing hundreds of thousands▶ 1:38:10▶ 1:39:12; noted Mexico agreed to station 10,000 troops at the border▶ 1:36:06.

• Sen. Adam Schiff (D-CA)▶ 1:42:50: Asked whether the HALT Fentanyl Act's research provisions had been addressed; Westlake confirmed a compromise version now opens scheduling for all Schedule I research▶ 1:43:41▶ 1:44:16; entered a letter from nine medical organizations supporting permanent scheduling▶ 1:49:16.

• Sen. Josh Hawley (R-MO)▶ 1:49:47: Cited Missouri child fentanyl fatalities doubling in 2022 and deaths under age five up over 500%▶ 1:50:15; pressed Norring on Snapchat's lack of response to reported drug dealers and called for repealing platforms' liability shield▶ 1:52:19▶ 1:54:31.

• Sen. Alex Padilla (D-CA)▶ 1:55:32: Argued the fentanyl crisis is primarily a public health issue, citing that over 80% of fentanyl seized at the border is smuggled by U.S. citizens through legal ports▶ 1:57:34; asked how diverting DOJ/FBI/ATF resources to immigration enforcement undermines trafficking investigations▶ 1:58:46.

• Sen. John Kennedy (R-LA)▶ 2:03:25: Questioned Farfan-Mendez on Mexican President Sheinbaum's ties to cartels▶ 2:04:22; displayed drug samples to argue fentanyl sentencing minimums are inconsistent with those for PCP and meth, and proposed lowering fentanyl mandatory-minimum thresholds▶ 2:05:04▶ 2:06:38.

• Sen. Sheldon Whitehouse (D-RI)▶ 2:07:45: Said the Trump administration's funding freeze is blocking dollars to addiction treatment and recovery groups▶ 2:08:02; criticized a pardon of a dark-web drug marketplace operator▶ 2:10:49; entered a letter from 11 law enforcement organizations supporting the HALT Fentanyl Act▶ 2:15:37.

• Sen. Marsha Blackburn (R-TN)▶ 2:16:14: Noted over 400,000 Tennessee children have ADHD diagnoses▶ 2:16:48; cited Tennessee's HIDTA task force removing $51 million in drugs and pressed Barnes on sanctuary city impacts▶ 2:18:35▶ 2:19:56.

• Sen. Eric Schmitt (R-MO)▶ 2:22:12: Cited $100 million/week in human trafficking value observed at the border▶ 2:23:00; questioned Farfan-Mendez on Mexican government corruption allegations from former cartel witnesses▶ 2:24:49.

• Sen. Ashley Moody (R-FL)▶ 2:40:27: Noted this was the committee's first fentanyl hearing in four years and called fentanyl the leading killer of working-age Americans▶ 2:41:54; cited a 350% rise in teen fentanyl deaths over four years and that 7 of 10 counterfeit pills now contain a lethal fentanyl dose▶ 2:44:36▶ 2:46:18; compared platform inaction to auto industry recalls▶ 2:48:09.

• Sen. Thom Tillis (R-NC)▶ 2:52:26: Argued cartels control Mexican border "plazas" and profit more from human trafficking than drugs▶ 2:54:20; pressed Farfan-Mendez on why Mexico deployed 10,000 troops if there's no problem▶ 2:55:17.

• Sen. Lindsey Graham (R-SC)▶ 2:57:26: Said China is the "first domino" supplying precursor chemicals and called for cartels to be designated Foreign Terrorist Organizations▶ 2:57:37▶ 2:58:50; vowed to fight "to my last breath" to repeal Section 230▶ 3:02:17.

• Sen. Katie Britt (R-AL)▶ 1:26:33▶ 2:38:39: Cited Alabama fentanyl seizures rising from 8,300 grams in 2022 to 12,400 grams in FY2024, equivalent to millions of lethal doses▶ 2:35:36; asked Westlake to dispel myths about FRS class scheduling's impact on incarceration▶ 2:39:27.

• Sen. Mazie Hirono (D-HI)▶ 2:28:12: Raised concerns about DOJ chaos amid mass personnel actions▶ 2:28:59; asked at what age drug-safety education should begin and pressed for federal grants supporting parent-led education nonprofits▶ 2:29:33▶ 2:32:39.

Key moments

• Grassley read a letter from an Iowa mother whose 22-year-old son Bailey died in 2022 after unknowingly taking a fentanyl-laced pill, setting the hearing's emotional tone▶ 0:19:59▶ 0:20:16.

• Puerta testified his son Daniel died in 2020 after taking what he believed was oxycodone but was counterfeit fentanyl, and cited a 2024 New England Journal of Medicine finding that 22 non-addicted children died weekly in the U.S. from illicit fentanyl in 2020▶ 0:34:46▶ 1:17:07.

• Norring testified Snapchat executives told her in 2021 they had "no idea" drug sales occurred on their platform and that Section 230 shielded them from liability, and that dealers rebuilt with burner-phone accounts after being reported▶ 0:41:25▶ 1:53:10.

• Cornyn and Farfan-Mendez sparred over the source of fentanyl: Cornyn asked whether any of 1.7 million "gotaways" during the Biden administration carried fentanyl, while Farfan-Mendez cited data showing 86.4% of those sentenced for fentanyl trafficking in FY2023 were U.S. citizens▶ 1:02:47▶ 1:03:40; Sheriff Barnes said large-quantity trafficking is mostly by Mexican nationals while U.S. citizens handle domestic distribution▶ 1:05:26.

• Sen. Kennedy displayed drug samples to show a fentanyl-equivalent 400 grams (10-year minimum) and PCP-equivalent 10 grams (also 10-year minimum) carry the same sentence despite fentanyl being far deadlier, calling the current mandatory-minimum framework "stupid"▶ 2:05:04▶ 2:06:35.

• Padilla countered the border narrative, citing CBP data that over 80% of fentanyl seized at ports of entry is smuggled by U.S. citizens, and warned that diverting DOJ/FBI/ATF resources to immigration enforcement undermines trafficking investigations▶ 1:57:34▶ 1:58:46.

• Sen. Hawley said social media platforms have "no incentive" to change because they cannot be sued, and vowed to introduce legislation letting parents sue platforms directly▶ 1:52:40▶ 1:54:59.

• Sen. Cruz used prop packets to illustrate that the 22,050 pounds of fentanyl seized at the border last year theoretically contained enough lethal doses (510 million) to kill every person in the United States▶ 1:39:43▶ 1:40:11.

• Farfan-Mendez and Sen. Tillis clashed over whether the Mexican government has done enough, with Tillis arguing cartels effectively control northern border "plazas" as a co-equal governing power; Farfan-Mendez declined to fully endorse that framing▶ 2:53:51▶ 2:55:33.

• Moody noted this was the Judiciary Committee's first non-nomination hearing of the 119th Congress and its first fentanyl hearing in four years, framing fentanyl as the "number one killer of working and fighting age Americans"▶ 2:41:54▶ 3:08:14.

Metadata

CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateFebruary 4, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript439 caption blocks · 22,597 words · 3:09:35 runtime
EventCongress.gov 336583