Sen. Marshall Announces Cooper Davis Act to Fight Fentanyl Crisis

(Overland Park, KS, September 16, 2022) – U.S. Senator Roger Marshall, M.D. announced his new legislation, the Cooper Davis Act, during a press conference this morning in Overland Park. The bill is named after Cooper Davis, a Johnson County teen who tragically lost his life to fentanyl poisoning last summer after taking half a fake Percocet pill that contained a lethal dose of fentanyl. It is believed the pill was purchased from a Missouri drug dealer through the social media platform Snapchat. Following his passing, Cooper’s family launched the non-profit Keepin’ Clean for Coop to keep his memory alive to save lives, raise awareness, and educate students and families.

Senator Marshall was joined at this morning’s press conference by Cooper’s mother, Libby Davis, as well as Johnson County Sheriff Calvin Hayden. Senator Marshall said in part,

“Fentanyl is the deadliest drug our nation has ever seen, and most every day in Kansas somebody dies from fentanyl poisoning,” said Senator Marshall. “Just one pill can kill, and in Cooper’s case it only took half a pill. The Cooper Davis Act requires social media companies to report all illicit drug activity occurring on their platforms to law enforcement. Making this critical data accessible will empower state and local law enforcement to combat fake fentanyl-laced pills, and prosecute those who prey on America’s youth. I am grateful to partner with Libby Davis to introduce this legislation named after her son, and I thank her for championing this serious issue. We will not rest in our fight to stop this terrible scourge wreaking havoc in Kansas — Cooper deserves our best fight.”

Libby Davis stressed the severity of the fentanyl epidemic in the United States during her remarks, saying in part,

“I want to thank Senator Marshall and his team for all their hard work on this bill…We lost our 16 year-old son Cooper just over a year ago after he took half of a pill he though was a prescription Percocet. His toxicology report revealed there was no Percocet at all, only fentanyl. He had been deceived to death… That day, Cooper made a decision that ended his life, and like so many other teens across our country, he did not get the chance to learn from his mistake…Social media apps should no be ok with their platforms being a vehicle for the Mexican cartels’ drug distribution that results in the loss of countless American lives… A higher level of accountability for social media companies as it related to illicit drug activity is need more than ever…”

Background on Cooper Davis:

Cooper Davis – a young, thriving Johnson County teen – tragically lost his life after taking half a fake pill that contained a lethal dose of fentanyl. He was just 16 years old. Cooper and his three friends shared two blue pills they thought were Percocet purchased by a friend who connected with a drug dealer in Missouri through Snapchat. Unfortunately, the blue pills were laced with fentanyl and Cooper died from just half a pill. Following his passing, Cooper’s family launched the non-profit Keepin’ Clean for Coop to keep his memory alive to save lives, raise awareness, and educate students and families.

Background on the Cooper Davis Act:

In recent years, organized drug cartels have dominated fentanyl trafficking in the country, and they have set up large, sophisticated distribution networks online via social media. In investigating fentanyl-related poisoning and deaths in teenagers and young adults, law enforcement agencies have found an alarming rate of these deadly pills acquired through platforms like TikTok and Snapchat. Unfortunately, federal agencies do not have the data to intervene and prevent these illegal activities.

The Cooper Davis Act would require social media companies and other communication service providers to take on a more active role in working with federal agencies to combat the illegal sale and distribution of drugs on their platforms. This critical data will also empower state and local law enforcement to combat fake fentanyl-laced pills and prosecute those who prey on America’s youth.

Background on Senator Marshall’s Efforts to Combat the Fentanyl Epidemic:

Yesterday, Senator Marshall questioned Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky about what actions federal health agencies are taking to stop the flow of poisonous, illicit fentanyl into American communities. In response to one of Senator Marshall’s questions, Director Walensky confirmed she has had conversations with Department of Health and Human Services Secretary Xavier Becerra about declaring the fentanyl crisis a public health emergency, but did not say whether or not she recommended that to Secretary Becerra. You may click HERE or on the image below to watch Senator Marshall’s full line of questioning:

Senator Marshall previously questioned CDC Director Walensky at a hearing about the illicit fentanyl crisis that is wreaking havoc across Kansas. The questions came on the heels of law enforcement officers in Kansas City, Kansas seizing nearly 15,000 counterfeit pills laced with fentanyl during a two-day bust and Wichita officers seizing nearly 7,000 illegal fentanyl pills during a single traffic stop. You may click HERE or on the image below to watch his remarks and questioning.

Earlier this week, Senator Marshall joined a group of his colleagues on a letter to hold the CEOs of Instagram, TikTok, Snap Inc., and YouTube accountable and demand answers on what they are doing to curb the drug epidemic created by President Biden’s southern border crisis and prevent the sale of fentanyl-laced pills to teenagers and young adults on their social media platforms. You may click HERE to read the full letter written by Senator Marshall and his colleagues.

On August 31, International Overdose Awareness Day, Senator Marshall released a video warning about the dangers of fentanyl poisoning and social media where counterfeit or fake drugs are often purchased and laced with fentanyl. You may click HERE or on the image below to watch the video.

Senator Marshall, along with Senators John Barrasso, M.D. (WY), John Boozman, O.D. (AR), Bill Cassidy, M.D. (LA), and Rand Paul M.D. (KY), recently released a public service announcement (PSA) warning about the dangers of illicit fentanyl that is wreaking havoc in communities throughout the nation and killing Americans at record rates. You may click HERE or on the image below to watch the PSA.

Recently, Senator Marshall questioned federal officials on the Biden Administration’s response to the deadly fentanyl crisis wreaking havoc in Kansas and across the U.S. He said in part, “Kansas is literally at the crossroads of fentanyl trafficking… With three major arteries coming out of Mexico piercing the heart of my great state, and all 3 bisecting the nation’s busiest east-west byway, we are now ground zero… In Mexico, Chinese chemists and the cartels convert these precursors into fentanyl, and lace fake pills like Adderall, or Xanax, or Percocet, or mix with illicit drugs like meth and cocaine… Unfortunately, this is one supply chain from China that’s not broken… Dying from fentanyl is poisoning, not an overdose.” You may click HERE or on the image below to watch Senator Marshall’s full opening remarks and line of questioning.

Additionally, Senator Marshall announced support for the Stop Fentanyl Border Crossings Act, legislation to expand pandemic-related Title 42 expedited removal authority to combat the fentanyl overdose epidemic resulting from drug smuggling across our southern border.

On National Fentanyl Awareness Day, Senator Marshall announced support for the HALT Fentanyl Act. The legislation would permanently give law enforcement the tools to help combat the fentanyl crisis by permanently placing fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. A Schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. Fentanyl-related substances’ current Schedule I classification is temporary and set to expire later this year.

In May, Senator Marshall and Kansas Sheriffs Calvin Hayden (Johnson County), Brian Hill (Shawnee County), Roger Soldan (Saline County), Jeff Richards (Franklin County), and Tim Morse (Jackson County) traveled to the Southern Border for briefings, tours, and meetings with border patrol officials, within DHS and the state of Texas. The trip came amid the pending expiration of Title 42 and the growing fentanyl crisis that is wreaking havoc in Kansas and across the nation. You may click HERE or on the image below to watch a recap visit of their trip.

You may click HERE or on the collage below to download high-res photos from their trip.

Senator Marshall is a cosponsor of a Senate resolution to designate May 10, 2022 as National Fentanyl Awareness Day. The resolution supports the mission and goals of National Fentanyl Awareness Day in 2022, including increasing individual and public awareness of the impact of fake or counterfeit fentanyl-related substances on families and young people.

• Fentanyl is a synthetic opioid that is 80-100 times stronger than morphine.
• Kansas suffered a 54% increase in drug overdoses during the first six months of 2021 compared to the same period in 2020.
• Of the 338 people in Kansas who died of drug overdose between Jan. 1 and June 30 of last year – 149 involved fentanyl or fentanyl analogs.
• Overdose deaths from fentanyl-related substances topped all other drug-related overdose deaths in Kansas in 2021
• In the first three months of 2022, Kansas saw more than 2,500 drug overdoses.
• While not on the Kansas side, the Kansas City Police Department announced that accidental overdoses from fentanyl-related substances had climbed nearly 150% from 2019 to 2020 in the metro area, particularly noticeable among ages 15 to 24. Last year, out of 129 overdoses, 50 were fentanyl-related.
• In May, Kansas City, Kansas officers seized nearly 15,000 counterfeit pills laced with fentanyl during a two-day bust,
• In March, Wichita officers seized 7,000 fentanyl-related substance pills during a traffic stop.
• The Wichita Police Department also said that they recently worked five suspected overdose cases in a 24-hour period – two of those were juveniles.
• Nationwide, four in 10 pills examined by DEA labs contain a deadly amount of fentanyl-related substance, an amount that can fit on the tip of a pencil.
• Since Joe Biden took office, nearly 14,000 pounds of fentanyl have been seized from criminals at the southern border – and a record 1,300 pounds were discovered just this past April – much more made it over the border undetected.
• 15,000lbs of fentanyl-related substances were seized in 2021 – enough to supply a potentially lethal dose to every member of the U.S. population.
• 64% of overdose deaths in the U.S. involved synthetic opioids, primarily fentanyl-related substances.
• 4 out of 10 DEA-tested fake pills with fentanyl-related substances contain a potentially deadly dose.
• 12 month period ending in October 2021: 105,000 overdose deaths – 66% were due to fentanyl-related substances, synthetic opioids.
• Sedgwick County is on track to exceed 300 deaths from fentanyl for the year 2022. There were 242 fentanyl deaths in 2021.
• U.S. Customs and Border Protection agents are seizing record amounts of fentanyl and Meth in Arizona and Texas – in just five separate inspections ahead of the 2022 Labor Day weekend, officers seized 625,000 pills.

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