SACRAMENTO—Amid a growing opioid crisis, the effort to impose harsher penalties on fentanyl trafficking failed in an Assembly committee on April 19 by a 3–2 vote.
Assembly Bill (AB) 2246 would have re-classified fentanyl as a Schedule I drug along the lines of heroin and cocaine.
Under the proposal, traffickers would have faced 20 years to life in prison for fentanyl distribution of two grams or more resulting in death.
Current state law enforces longer prison sentencing—adding one to two more years—for selling heroin and cocaine in or nearby a facility that serves children, such as schools, child care centers, or churches. AB 2246 would have added fentanyl to the list.
The legislation would have also imposed penalties for selling fentanyl on social media.
Amy Neville, whose son Alexander died of fentanyl poisoning last year from a pill he bought from a dealer on Snapchat, pleaded for the committee to vote in favor of the bill.
“This same dealer is now connected to several more deaths before Alexander’s death and after,” Neville said.
Another father spoke on behalf of his son Zach, who died two days after Christmas in 2020 following the consumption of a counterfeit prescription pill.
“Zach was a self-taught musician, bonafide straight-A student, [and] accomplished multi-sport athlete,” the father said. “Zach was accepted into five UCs [University of California campuses], including UCLA. Like so many, Zach [had] demonstrated success and showed promise to bring innovation and progress to our world in a beautiful way. Instead, he was robbed of actions.”
Multiple public speakers spoke in favor of imposing harsher penalties, including others who have lost loved ones to the drug.
Meanwhile, those in opposition insisted the issue is about failed drug policy.
“The overdose crisis will not be solved by enhanced sentencing for low-level drug sellers, many of whom are using themselves,” said Jenna Haywood, who spoke on behalf of the New York-based National Harm Reduction Coalition, a group that advocates for safer drug access.
Haywood talked about the need for policies that focus on harm reduction, prevention, treatment, and recovery efforts that keep all drug users alive.
“It’s imperative that young people have access to drug education that is evidence-based and doesn’t only encourage them to avoid drugs,” she said.
Chair of the committee, Assemblyman Reginald Byron Jones-Sawyer (D-Los Angeles), also opposed the bill claiming that the state is currently looking to build a task force that will come up with a comprehensive plan to address the crisis.
“I can’t support it today, but I think the task force may come back and say ultimately this could be the ultimate solution,” he said.
A request for comment from Assemblywoman Cottie Petrie-Norris (D-Irvine), who authored the bill, was not returned by press deadline.
