By Amanda Hernández, Stateline.org
As they struggle to reduce drug overdose deaths, policymakers across the United States are embroiled in a heated debate over creating and increasing criminal penalties related to fentanyl, a powerful synthetic opioid that’s up to 100 times more potent than morphine.
Legislators pushing the new wave of criminal penalties say the laws will deter drug distributors and hold offenders accountable. But opponents — including some public health officials — warn of potential consequences such as worsening the opioid crisis and pushing users toward more dangerous synthetic alternatives.
As of this month, 28 states have enacted one or more fentanyl criminal provisions, according to the Legislative Analysis and Public Policy Association, which researches and drafts potential legislation on public safety and substance use.
In this year’s legislative sessions alone, lawmakers introduced hundreds of fentanyl crime bills in at least 46 state legislatures, according to the National Conference of State Legislatures. While they vary, the bills generally would increase or stiffen penalties for the illegal production, possession and distribution of the substance.
Lawmakers in Virginia designated fentanyl as “a weapon of terrorism,” enacting a bill this spring that makes knowingly manufacturing or distributing substances containing any detectable amount of fentanyl punishable by up to 10 years of jail time.
An Iowa statute, signed into law in May, enhanced the penalties for selling and manufacturing fentanyl, with prison sentences ranging from up to 10 years to up to 50 years. While the bill passed with bipartisan support, some Democrats also proposed that the state improve access to substance use treatment and resources, such as fentanyl testing strips, which remain illegal in Iowa.
Arkansas and Texas are the latest states to pass legislation that makes it a homicide to give fentanyl to someone who then dies of an overdose. About…
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