New Mexico's attorney general has initiated a criminal investigation to ascertain whether U.S. Drug Enforcement Administration agents contravened state law by permitting hundreds of thousands of fentanyl pills to enter the state's streets. The probe follows reports that DEA agents monitored, but did not seize, shipments of the synthetic opioid between 2023 and 2025 in an effort to build larger criminal cases.
New Mexico Attorney General Raúl Torrez stated that federal agents "are not above the law," though he acknowledged their significant legal protections during official duties. Torrez announced he would be requesting documents and information regarding the DEA's conduct, both within New Mexico and nationally, to determine if the alleged actions represent a broader pattern of reckless or unlawful behavior. He noted that if the allegations are accurate, the consequences for New Mexicans have been fatal, particularly as the state is already among those hardest hit by fentanyl overdose deaths.
Whistleblower and current/former DEA agents informed The Associated Press that the strategy was a gamble with public safety and potentially violated U.S. Justice Department rules designed to protect the public. This occurred during the nation's deadliest drug epidemic, while the DEA was publicly promoting its "One Pill Can Kill" campaign.
The investigation reframes the debate over enforcement tactics into a question of whether federal agents exceeded legal boundaries in pursuit of larger trafficking organizations. The DEA initially denied the allegations but later requested the Justice Department's independent watchdog to conduct its own review. The Justice Department stated it would implement changes if the review identified areas for improvement and welcomed a partnership with state and local leaders to combat fentanyl.