Alexandra’s Law: California’s Fentanyl Measure Comes Into Effect as Part of Proposition 36

Seized fentanyl is displayed during a press conference at BC RCMP Divisional Headquarters in Surrey, B.C., on Feb. 23, 2024. Tijana Martin/The Canadian Press

Alexandra’s Law goes into effect on Dec. 18 as part of the anti-drug legislation Proposition 36, requiring those convicted of dealing fentanyl to be warned by a judge that they could face harsher penalties if they distribute fentanyl or its analogs and cause a person’s death.

Matt Capelouto and his family have been fighting to preserve the memory of his daughter, Alexandra, and to help protect the lives of others ever since she was poisoned by a counterfeit pharmaceutical pill laced with fentanyl five years ago in December 2019.

To combat the state’s fentanyl crisis, Capelouto founded Stop Drug Homicides, a nonprofit to help stop others from losing their children to California’s drug crisis.

The family also placed their support behind Proposition 36, a ballot measure passed by California voters in the Nov. 5 primary election. The proposition increases penalties for repeat offenders of certain drug and theft crimes and also includes the text of Alexandra’s Law.

Even after the passage of Prop 36, Capelouto plans to push forward with his fight by advocating for stronger legislation, while also raising awareness about the risks posed by fentanyl, he said.

California Gov. Gavin Newsom was among the opponents of Prop 36, arguing the bill would cost the state millions of dollars due to the high incarceration rates it could cause.

It’s taken years to pass Alexandra’s Law, with repeated failed attempts by lawmakers in the Legislature. Both Democratic and Republican representatives have introduced proposals since 2020. The bills were rejected by the Senate and Assembly public safety committees.

At the federal level, Rep. Darrell Issa (R-Calif.) put forth Alexandra’s Law in HR 6671 in December 2023. The legislation awaits a hearing from the House Subcommittee on Health.

Alexandra Capelouto, a 20-year-old sociology major attending Arizona State University, consumed half of a pill that she thought was Percocet but contained a lethal dose of fentanyl.

She purchased 11 pills altogether via Snapchat from an account controlled by Brandon Michael McDowell, who was also 20 at the time and is from Riverside County. Federal authorities arrested McDowell and he pleaded guilty in July 2022 to selling the fentanyl that caused Alexandra’s death. He faced up to 20 years in prison and received nine years.

The Capelouto family filed a civil lawsuit in late 2021 against McDowell. They sought damages allowed under the state’s Drug Dealer Liability Act, which the Legislature passed in 2009.

The family requested more than $5 million, including $4 million in general damages, $1 million in punitive damages, $25,000 in funeral costs, and $735 in legal expenses.

The court sided with Capelouto in December 2023, citing McDowell’s “intentional ... willful and malicious” negligence that resulted in death.

When McDowell filed for bankruptcy in December 2022, Capelouto and his attorney called it an attempt to avoid the judgment and fought it in bankruptcy court.

A federal bankruptcy court in California on Sept. 18 ruled that McDowell is liable for the full judgment amount plus interest, a total of about $5.8 million.

Capelouto is not sure if he will receive any money from the judgment. He says it’s not a priority. Instead, he is satisfied having set a precedent for others to collect in the future. After McDowell serves the nine-year prison sentence, the Capelouto family could pursue wage garnishment and place liens on any property he acquires through purchase or inheritance.

Baruch Cohen, the Capelouto’s attorney during the bankruptcy litigation, supported the ruling.

“The defendant’s deliberate actions not only stole Alexandra’s future but also robbed her parents of their beloved child,” Cohen said in his motion for judgment. “No monetary compensation can ever truly make up for this profound loss. While no legal remedy can fully mend the wounds from this tragic wrongful death, affirming the nondischargeability of this debt ... will send a powerful message that McDowell’s intentional cruelty will not go unpunished.”

Cohen said the ruling ensures other criminals do not use bankruptcy protections to avoid fiscal responsibility.

“This has a lot of teeth in it. This is the shot that will be heard around the world,” Cohen told The Epoch Times on Sept. 24. “To the extent drug dealers think they can get away with murder again, think twice. There is now precedent that they will be held civilly liable.”

Travis Gillmore contributed to this report.