A set of companion bills introduced in Virginia by Republican state Del. Scott Wyatt and state Sen. Bryce Reeves would amend the state’s terrorism statute to include fentanyl as a “weapon” by definition, and the distribution of the deadly drug would be classified as a felony.
A Worsening Problem
Fatal fentanyl overdoses in Virginia jumped to 2,039 in 2021 from 50 people in 2012, according to the Virginia Department of Health (pdf).Virginia Attorney General Jason Miyares said he supports the state’s effort to fight fentanyl overdoses and joined a bipartisan group of state attorneys general who sent a letter to President Joe Biden requesting that he classify fentanyl as a weapon of mass destruction.
Fentanyl is a synthetic opioid normally used to treat patients with severe chronic pain, often following surgery. According to the Drug Enforcement Administration, fentanyl is a Schedule II controlled substance that is similar to morphine while about 100 times more potent.
An additional fentanyl-related bill introduced by Virginia state Sen. Ryan McDougle, SB881, would require that anyone who sells fentanyl that can be traced to an overdose death be charged with felony homicide, making the distributor responsible for that death.
McDougle’s bill has been endorsed by Miyares.
Virginia Family Lost Son to Fentanyl
Tom and Delaine Mazich of Virginia lost their son, Greyson, to fentanyl poisoning in September 2020.Virginia Gov. Glenn Youngkin praised the Mazichs during his January State of the Commonwealth address in Richmond.
“I pray no one in this room ever feels the pain and grief that I’ve seen the family endure, but too many experience the same pain every day,” Youngkin said. “Tom and Delaine represent so many parents who have suffered that powerful grief.”
Youngkin cited the statewide prevention efforts by Virginia’s Opioid Abatement Authority, along with full funding for Narcan supplies and training across Virginia, and he vowed to sign a bill that would make it a felony to manufacture, distribute, and sell fentanyl.
Former Gov. Ralph Northam vetoed that bill.
“Send me that bill again, and I promise you—I will sign it,” Youngkin said.
McDougle’s bill advanced out of the state Senate Judiciary Committee in an 8–7 vote on Jan. 16. The bill must be approved by the Senate and the House of Delegates before being sent to the governor’s desk.