Fighting Fentanyl with the Fight Illicit Pill Presses Act

In 2023, Tyler Lee Yates took a single harmless painkiller while in recovery from a motorcycle accident. This pill’s outward appearance was identical to a normal over-the-counter pain medication. However, it was inwardly laced with a lethal dose of fentanyl. Yates unwittingly took the pill, overdosed on the hidden fentanyl, and died. Tragically, stories like Yates’ are becoming increasingly common in the United States. 

In order for cartels to be able to distribute these lethal counterfeit pills, they must first illicitly acquire commercial pill press machines. Currently, the black market for these devices is almost impossible for law enforcement to trace. In order to respond to this crisis, legislation must target the supply of illicit pill presses, tracking both their sale and their distribution.

In 2023, the DEA seized over 80 million fake pills containing fentanyl. This constituted more than a 33% increase in seizures compared to the year before. Not only has the prevalence of these pills increased, but their lethality has risen as well. In 2017, a mere 7% of seized pills contained a potentially lethal dose of fentanyl. Today, recent DEA laboratory testing indicates that 70% of pills seized contain a lethal dose. In 2023, approximately 107,000 Americans died of overdose with over two-thirds overdosing on fentanyl or other illicit synthetic opioids. 

Currently, the Controlled Substances Act regulates the sale and distribution of pill presses in two ways. First, federal law prohibits the sale or possession of pill presses that have not been registered with the DEA and received a registration number. Second, each party to a transaction is required to keep documents recording the event such as the transaction date, the parties involved, and the means of transference. These current regulations have one gaping flaw: regulation depends on self-reporting. Far too many presses are still sold illicitly to cartels without any registration or record of their transfer. Reliance on self-reporting opens the door wide to an illicit market which is able to operate without leaving a trace. 

To enable federal authorities to track and effectively prosecute these criminals, the bipartisan Fight Illicit Pill Presses Act (FIPPA) was introduced in both the House and the Senate. FIPPA amends the Controlled Substances Act in two ways: First, the bill would require pill press manufacturers to engrave a serial number on each press. Second, FIPPA would create special penalties for removing or altering serial numbers on pill presses. This change would enable law enforcement to track illegal presses and expose the underground market which is currently fueling the production of these deadly pills. Major law enforcement associations both state and federal have thrown their support behind FIPPA, including the Federal Law Enforcement Officers Association, the National Narcotics Officers Association, and the National District Attorneys Association.

By shutting down supply, law enforcement can meaningfully combat overdose deaths. Congress must act to close this loophole and ensure that America’s justice system no longer relies on criminals self-reporting. By serializing pill presses, the Fight Illicit Pill Presses Act takes this necessary step.