Punishment or prevention? California lawmakers consider bills to combat fentanyl crisis

pills and syringe
Photo credit Darwin Brandis / Getty Images

SACRAMENTO (KNX) - A special hearing of the California Assembly Public Safety Committee met today to discuss six bills aimed at combating the fentanyl crisis. Half of those bills included harsher punishments for fentanyl dealers.

One controversial bill by Assemblymember Brian Maienschein, who represents parts of San Diego, would raise penalties against drug dealers who sell anything containing fentanyl which leads to someone’s death or serious injury.

“AB367 recognizes that injury to human life or death deserves the consideration at the minimum of a three-year sentence enhancement,” Maienschein said.

Previously in California, a person who sold, administered, or gave away an illicit drug that resulted in someone’s death or serious injury could be charged with a sentencing enhancement. However, a 2021 California Supreme Court ruling limited the application of the enhancement.

“By this standard, most drug dealers could escape punishment when the drugs they sell cause serious injury or death,” Maienschein said.

However, some lawmakers say longer prison sentences won’t actually save lives. Historically, harsh punishments for drug offenses have failed to curb the availability of drugs, even while the number of drug offenders behind bars skyrocketed.

Policies like AB367 could even backfire and cause more harm, some say. Drug users and their friends may be reluctant to call 911 in the event of an overdose because they’re afraid they’ll be arrested.

Despite their disagreements on methods, lawmakers all agree a solution to the fentanyl crisis needs to be found.

“We really do want to end this once and for all. We all may have different ideas of how to resolve it, but we want to resolve it,” said committee chair Reggie Jones-Sawyer.

Most of the bills in consideration are written by Democrats and, if passed, would go into effect in January.

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Featured Image Photo Credit: Darwin Brandis / Getty Images