Bill to impose mandatory prison for fentanyl clears 1st hurdle
A bill to impose mandatory prison time for possessing one gram or more of pure fentanyl cleared its first hurdle today in the Alabama Legislature.
The House Judiciary approved the bill by Rep. Matt Simpson, R-Daphne, which takes aim at the drug that caused overdose deaths on almost a daily basis in Jefferson County in 2021 and is connected to about 70,000 deaths a year in the United States, according to the Associated Press.
“I want public awareness to understand how dangerous fentanyl is,” Simpson said. “Just how deadly it is in our community and the fact that people are dying every day from fentanyl overdoses. That it’s a serious offense and it’s something that we need to address as a Legislature.
“If you’re dealing fentanyl, if you’re trafficking fentanyl in our community and our state, we’re going to come after you and there’s going to be teeth to the bill and you’re going to do time in prison.”
Approval by the committee today sets the bill up for a vote in the House as early as Thursday. House Speaker Nathaniel Ledbetter, R-Rainsville, has called it a priority.
Fentanyl was a factor in 316 overdose deaths in Jefferson County in 2021, a 68 percent increase over 2020. Statewide, there were 1,069 fentanyl deaths in 2021, up from 463 the year before, according to the Alabama 2023 Drug Assessment.
Related: Watch Tommy Tuberville, experts talk fentanyl crisis in Alabama
Fentanyl has been produced commercially for decades as a treatment for pain. Most of the illegally produced fentanyl comes from Mexico in powder or pill form, officials say. Drug sellers mix it with cocaine, methamphetamine and pills because it is potent, addictive, and profitable. Two milligrams of fentanyl, equivalent to a few grains of salt, can be a deadly dose. Simpson said that is why a person holding a gram or more of pure fentanyl should be considered a trafficker, Simpson said.
Under Simpson’s bill, the penalty would be a mandatory three years in prison and a fine of at least $50,000 for at least one gram but less than two grams. The penalties would be much stiffer for larger amounts: for two to four grams, 10 years and $100,0000;, four to eight grams, 25 years and $500,000; and eight grams or more would be life in prison and $750,000.
Simpson said he believes the increased criminal penalties are part of an approach that should also include education about the dangers of the drug.
Related: ‘You can’t get sober if you’re dead’: Alabama makes it hard for some to combat overdoses
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