Lawmakers pass bill to require mandatory prison time for fentanyl
Possession of one or more grams of pure fentanyl will result in mandatory prison time under a bill that won final passage today in the Alabama Senate, an effort to crack down on the leading cause of a surge in overdose deaths.
The bill passed the Senate and the House without a dissenting vote. It goes to Gov. Kay Ivey, said she would quickly sign it into law. The governor had previously called the bill a priority.
The bill, sponsored by Rep. Matt Simpson, R-Daphne, would impose a mandatory sentence of three years in prison for possession of one to two grams of pure fentanyl. Two milligrams is considered a potentially lethal dose, meaning that one gram is enough to potentially cause 500 deaths.
Under Simpson’s bill, possession of two to four grams would require a 10-year sentence, four to eight grams would require 25 years, and eight grams or more would mean a life sentence.
Fentanyl was a factor in 316 overdose deaths in Jefferson County in 2021. Statewide in Alabama, there were 1,069 fentanyl deaths in 2021, up from 463 the year before, according to the Alabama 2023 Drug Assessment.
Fentanyl is a powerful opioid made legally to treat severe pain, such as for patients with advanced cancer. Most illicit fentanyl is made in Mexico, officials say. Sellers of illegal drugs add fentanyl to meth, heroin, and other street drugs, according to law enforcement and health officials. Because of that, some overdose victims are not aware they are taking fentanyl, officials say.
Ivey praised lawmakers for making the bill a priority during this legislative session.
“The entire nation should take note of what we accomplished today in Alabama with the passage of House Bill 1, the bill to help combat the fentanyl crisis,” the governor said. “Every member of the Legislature – Republican and Democrat – came together to pass this critical piece of legislation.
“Combatting this deadly drug will continue to be a top priority for our Alabama Law Enforcement Agency, and I will do everything in my power to stop this drug from being a killer in Alabama.
“I commend Rep. Matt Simpson for his leadership on this issue, as well as all members of the Alabama Legislature for sending this bill to my desk. I look forward to putting my signature on House Bill 1 in the swiftest order.”
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This story will be updated.