# DEA fentanyl controversy deepens with DOJ probe > Live situation record from CLSTR: https://clstr.news/situations/dea-fentanyl-controversy-in-new-mexico > Updated: 2026-08-17T16:18:08.000Z. Sources: 103. Developments: 11. New Mexico officials have intensified legal and political action after whistleblowers alleged that DEA agents allowed more than one million counterfeit fentanyl pills to circulate in the state between 2023 and 2025 while building larger cases. The claim, made by Special Agent David Howell and attorney Tristan Leavitt, echoes earlier accusations that the agency ignored the 2019 seizure mandate and monitored shipments instead. Overdose deaths rose 21% during that period, prompting Governor Michelle Lujan Grisham to announce a bid for billions of dollars in civil damages and to demand full documentation of every declined seizure since Jan. 17. Attorney General Raúl Torrez opened a criminal investigation, seeking records, possible prosecutions and reforms. The Biden-era Justice Department revised its fentanyl-seizure guidelines in July 2026, granting agents discretion rather than a mandatory seizure requirement. State lawmakers have written to the DEA for explanations of the new guidance, community safeguards and any personnel reassignments. The federal Office of the Inspector General and the DOJ’s own OIG have launched parallel probes, including a 20-page complaint from a third unnamed DEA special agent describing multiple large fentanyl and methamphetamine deliveries that were tracked rather than seized. In August 2026, DOJ Inspector General Don Berthiaume announced a formal review of the tactic, which some describe as allowing drugs to ‘walk.’ The investigation will examine whether agents monitored deliveries to avoid jeopardizing major prosecutions. A whistleblower complaint detailed at least five deliveries between November 2022 and June 2023 involving up to 100,000 fentanyl pills per shipment. While former U.S. Attorney Alex Uballez defended the strategy as a means to gather intelligence, DEA Administrator Terry Cole has requested a narrower inquiry focused on the handling of Agent David Howell’s specific allegations that authorities ‘poisoned our community to make cases.’ ## Claims - The Justice Department watchdog is reviewing a DEA tactic that allows fentanyl to reach streets to build larger drug trafficking cases. (corroborated by 3 sources) - An Associated Press investigation found DEA agents monitored but did not seize major fentanyl shipments in New Mexico between 2023 and 2025. (corroborated by 2 sources) - An internal DEA report detailed a decision not to interdict a delivery of 74,000 fentanyl pills in Albuquerque. (corroborated by 2 sources) - Whistleblower Agent David Howell stated that federal authorities poisoned the community to build cases. (corroborated by 2 sources) - DEA Administrator Terry Cole requested a narrower inquiry and stated the request should not reflect a lack of confidence in DEA personnel. (corroborated by 2 sources) - Whistleblower Agent David Howell stated that federal authorities allowed drugs into the community to build cases. (corroborated by 2 sources) ## Timeline ### 2026-08-17: Justice Department watchdog to review DEA fentanyl seizure tactics The Justice Department Inspector General is reviewing a DEA tactic of allowing fentanyl shipments to proceed to the streets to build larger drug trafficking cases. 3 sources. https://clstr.news/cluster/justice-department-watchdog-to-review-dea-fentanyl-seizure-tactics ### 2026-08-04: U.S. Justice Department probes DEA fentanyl monitoring program The DOJ is probing a DEA program that let large fentanyl shipments move through Arizona‑New Mexico without seizure, based on three whistleblower complaints alleging retaliation and potential deaths. 4 sources. https://clstr.news/cluster/us-justice-department-probes-dea-fentanyl-monitoring-program ### 2026-07-10: U.S. DOJ and DEA face scrutiny over fentanyl policy in New Mexico The Biden DOJ loosened fentanyl seizure rules, prompting a DEA whistleblower's claim that pills were left on New Mexico streets. State officials demand answers and documentation, while federal investigations go 2 sources. https://clstr.news/cluster/us-justice-department-relaxes-fentanyl-seizure-rules-prompting-new-mexico-lawmakers-inquiry ### 2026-07-04: UNODC warns of global drug market expansion driven by technology and new synthetic substances UNODC’s 2024 report warns that technology and new synthetic drugs are expanding the global illicit market, with 331 million users and rising production in regions like Mexico, Myanmar and Afghanistan, urging a 2 sources. https://clstr.news/cluster/unodc-warns-of-global-drug-market-expansion-driven-by-technology-and-new-synthetic-substances ### 2026-06-29: New Mexico Governor Lujan Grisham seeks billions in damages over DEA fentanyl policy New Mexico Governor Lujan Grisham will seek billions in damages after DEA agents allegedly let fentanyl shipments flood the state, prompting a criminal probe and calls for federal accountability. 10 sources. https://clstr.news/cluster/new-mexico-governor-announces-plan-to-sue-over-dea-fentanyl-handling ### 2026-06-28: UNODC warns of record global drug use and surge in novel synthetic substances UNODC reports 331 million drug users in 2024, a surge in new synthetic substances, rising synthetic opioid use, and global methamphetamine expansion. 2 sources. https://clstr.news/cluster/unodc-warns-of-record-global-drug-use-and-surge-in-novel-synthetic-substances ### 2026-06-28: UNODC reports 331 million people used illegal drugs in 2024 UNODC says 331 million used illegal drugs in 2024, up 34 % in a decade, with 755 new substances identified, a shift to synthetic opioids, soaring cocaine output, and a major treatment gap. 2 sources. https://clstr.news/cluster/unodc-reports-331-million-people-used-illegal-drugs-in-2024 ### 2026-06-26: New Mexico AG launches criminal probe of DEA over alleged fentanyl shipments New Mexico AG Raúl Torrez opened a criminal investigation into the DEA over claims it let hundreds of thousands of fentanyl pills flood the state, prompting calls for reforms and a DOJ review. 2 sources. https://clstr.news/cluster/new-mexico-ag-launches-criminal-probe-of-dea-over-alleged-fentanyl-shipments ### 2026-06-26: UNODC warns of record global drug use and shift to synthetic opioids UNODC reports 331 million drug users in 2024, a record rise, and a shift toward synthetic opioids after Afghanistan’s opium ban, intensifying global health risks. 2 sources. https://clstr.news/cluster/unodc-warns-of-record-global-drug-use-and-shift-to-synthetic-opioids ### 2026-06-25: UN Report Warns Record Global Drug Use and Surge in Synthetic Drugs, Cocaine and Methamphetamine UNODC’s 2026 report says 331 million people used drugs in 2024, with record cocaine output and a surge in synthetic opioids, meth and new psychoactive substances. 74 sources. https://clstr.news/cluster/new-mexico-governor-calls-for-criminal-probe-of-dea-over-fentanyl-shipments ### 2026-06-23: DEA's alleged release of over 1 million fentanyl pills in New Mexico sparks whistleblower probe Whistleblower claims the DEA let over 1 million fentanyl pills hit New Mexico streets (2023‑25) to build larger cases, sparking accusations of policy breach and calls for investigations. 3 sources. https://clstr.news/cluster/new-mexico-faces-debtdriven-medication-crisis-and-dea-fentanyl-controversy --- Cite as: DEA fentanyl controversy deepens with DOJ probe. CLSTR, https://clstr.news/situations/dea-fentanyl-controversy-in-new-mexico