Sure their capabilities to produce them were severely crippled after the 1st gulf war (the threat then was probably the main reason they didn't take Bagdad)...but they were surely trying to build it up again since and kept whatever they could stockpiled while conveniently destroying some to appease and stall the UN. These stockpiles were very likely smuggled to at least Syria preceding the current war. The General in charge of satellite intelligence (at the Pentagon) said there had been an unusual increase in traffic from Iraq to Syria preceding the war. As further evidence to this (and the Iraq/Al-Qaeda link) note that a plot was prevented in Jordan near the Syrian border this last summer (I believe that's when it was, if memory serves). They stopped the vehicle which had explosives, a chemical bomb, and poison gas. One of the plotters confessed to being trained in Iraq on chemical weapons. Jordanian officials say if they had been able to carry out the plan, as many as 80,000 could've died.