Lawmaker Looks to Expand Penalties for Possession of Fentanyl While Armed

One assemblyman see weapons and fentanyl combining to create “a rapid escalation of violence.”
Lawmaker Looks to Expand Penalties for Possession of Fentanyl While Armed
Assemblyman Carlos Villapudua introduces his bill at the Capitol in Sacramento on Feb. 14. (Travis Gillmore/The Epoch Times)
Travis Gillmore
Updated:

With fentanyl overdose deaths affecting communities across California, legislators are seeking to strengthen legal consequences for being armed while in possession of the deadly drug.

A bipartisan group of lawmakers joined an overdose victim’s family members and law enforcement experts on the West steps of the state Capitol on Feb. 14 to announce the introduction of Assembly Bill 2336, authored by Assemblyman Carlos Villapudua, which would add fentanyl to the list of drugs—including methamphetamine, heroin, and cocaine—that carry enhancement penalties for possession with a firearm.

“Someone that deals fentanyl with a loaded gun is double deadly to our community,” Ron Freitas, San Joaquin district attorney, said during the press conference. “Unfortunately, fentanyl is left out of [firearm possession sentencing enhancements] even though it has surpassed all the other drugs and become the most dangerous.”

Mr. Villapudua said the issue is an urgent matter.

“This is not a drug; it’s a poison that is rapidly killing our community, and we’re behind the eight ball and we cannot stop,” he told The Epoch Times. “We have to build this momentum and make sure that we do something today.”

Action is necessary because weapons combined with fentanyl are creating “a rapid escalation of violence,” he said.

Fellow lawmakers said the overdose problem—with or without the possession of a firearm—is far-reaching and indiscriminate.

“This crisis is blind to color, blind to gender, and blind to age,” Assemblywoman Blanca Rubio said during the press conference. “We need to prevent others from suffering the effects of fentanyl.”

Citing a rapid increase in overdose deaths in counties across the state, including by 20 percent in Riverside and 42 percent in San Bernardino since 2021, Assemblyman Greg Wallis said the crisis has reached “overwhelming proportions.”

Assemblywoman Jasmeet Bains, speaking at the Capitol on Feb. 14, 2024, said the policy of increasing access to medications such as Narcan is not the answer. (Travis Gillmore/The Epoch Times)
Assemblywoman Jasmeet Bains, speaking at the Capitol on Feb. 14, 2024, said the policy of increasing access to medications such as Narcan is not the answer. (Travis Gillmore/The Epoch Times)

“The fentanyl epidemic that has wreaked havoc on our communities,” Mr. Wallis said. “These numbers are not just statistics. They represent the lives of our friends, families, and neighbors we have tragically lost to the grips of this deadly crisis.”

He called for the passage of AB 2336 to help counter the dangers threatening Californians.

“This can disrupt the operations of dealers who are armed and dangerous and who perpetuate the fentanyl crisis,” Mr. Wallis said. “We’re sending a strong message that we will not tolerate the continued endangerment of our communities.”

A law enforcement official with decades of experience said the low cost of the drug—about $2 a pill—and easy access are creating significant public safety risks.

“Fentanyl is out there in mass quantities in our communities,” Matt Lenzi, San Joaquin County undersheriff, told The Epoch Times after the press conference. “It’s all over the place, and it’s in our schools.”

Fake Percocet pills with M-30 stamps made to resemble a legitimate pharmaceutical product are being produced in a variety of colors by cartels in Mexico with the intention of attracting young users, he said. The synthetic opioid is also found in a variety of other drugs and is sold as a powder.

“It’s like a weapon of mass destruction,” Mr. Lenzi told The Epoch Times. “It can kill a lot of people quickly and cause a lot of damage.”

Because fentanyl is about 100 times more potent than morphine and 50 times stronger than heroin, .02 grams can cause death, with about half of all counterfeit pills sold on the street containing a potentially lethal dose, according to the Drug Enforcement Agency.

A supporter of the new bill with a background as a practicing physician, Assemblywoman Jasmeet Bains, said the policy of increasing access to anti-opioid medications, such as Narcan, which are used to revive overdose victims, although beneficial, isn’t a solution to the problem.

“We’re sending a strong message that we will not tolerate the continued endangerment of our communities,” Assemblyman Greg Wallis said at the Capitol on Feb. 14, 2024. (Travis Gillmore/The Epoch Times)
“We’re sending a strong message that we will not tolerate the continued endangerment of our communities,” Assemblyman Greg Wallis said at the Capitol on Feb. 14, 2024. (Travis Gillmore/The Epoch Times)

“Our answer should not just be Narcan,” Dr. Bains said during the press conference. “We have to get behind real policy changes.”

Questioning prior decisions made in California and at the federal level, she said lives are at stake if nothing is done.

“How did we allow this to consume our state, our country?” Dr. Bains said. “We must do more, and as a physician, this is something everyone needs to get behind.”

A similar proposal introduced last year was ultimately killed by the Assembly’s Public Safety Committee. After a change in leadership and makeup of the group—as Assembly Speaker Robert Rivas appointed a new chair and replaced all the committee’s Democratic members—some are looking forward to the new panel’s consideration of the new bill, expected in the coming months.

“The momentum is here,” Mr. Villapudua, the bill’s author, told The Epoch Times. “We’re going to unite as one and hopefully get this across.”

Accompanied by the family of a young overdose victim, he said the goal of the measure is to prevent more accidental deaths.

“We’re here to make sure that we stop these stories that we continue to hear,” Mr. Villapudua said.

The mother, father, and oldest sister of Major Manning—who died of a fentanyl overdose on Oct. 3, 2023, five days after his 17th birthday—told The Epoch Times after the press conference that more parents and their children need to be made aware of the dangers of fentanyl poisoning.

“It’s a dangerous world we’re living in, and one pill can kill,” Mrs. Manning said. “My son was a great kid who loved his friends ... and loved life.”

Widely respected by teachers, peers, and community members, Major died after consuming a counterfeit Percocet pill laced with fentanyl while spending the night at a friend’s house.

“I didn’t expect to get a call like that. It was the most tragic day of my life,” Shawna Ollie, Major’s sister, said. “We’re spreading awareness ... and feel that everyone should have an opportunity to learn about something that could save their life.”

The family now operates A Major Movement, a nonprofit dedicated to the memory of Major, with the goal of preventing deaths by informing the public of fentanyl’s lethality.

“Our mission is to fight fentanyl in a major way,” Tonya Robinson, Major’s godmother and board member of the nonprofit, told The Epoch Times. “We took our pain and started making it into purpose ... to save lives and eliminate harm.”

Travis Gillmore is an avid reader and journalism connoisseur based in California covering finance, politics, the State Capitol, and breaking news for The Epoch Times.
Related Topics