SACRAMENTO, Calif. — The fentanyl crisis was the center of California lawmakers’ attention this week in Sacramento.
The state’s approach to fentanyl has caused a rift in the super-majority Democrat state, which has led to frustration for both grieving families and individuals looking to prevent another war on drugs.
On Tuesday, the Senate Public Safety Committee rejected SB 44, or Alexandra’s Law, which would have provided a written notice for people convicted on drug charges that they could face future murder charges if someone dies from the drugs they provide.
Despite more than half of the senators signing on as co-authors of SB 44, the measure died in committee, receiving only one yes vote from Senator Rosilicie Ochoa Bogh (R-Menifee).
Many of the senators who opposed the bill felt it was taking the wrong approach to ending the fentanyl crisis.
“This is a very broad bill. We all agree this is a big problem. I don’t think this is the solution. It’s going to have unintended consequences,” said State Senator Scott Wiener (D-San Francisco).
SB 44 was named after Alexandra Capelouto, a 20-year-old college student who died after unknowingly taking a pill laced with fentanyl. Her father, Matt Capelouto, testified at the committee hearing, and has been a strong advocate for increasing penalties for drug dealers.
“When will the public safety committee live up to its name and do its job — protecting the citizens of California,” Capelouto said.
Later in the week, a package of fentanyl-related bills was heard in the Assembly Public Safety Committee. The committee is made up of six Democrats and two Republicans. Assemblyman Reggie Jones-Sawyer (D-Los Angeles), who has been clear in his intentions to find common ground chairs it.
Jones-Sawyer, originally scheduled a hearing on fentanyl for June, but after pressure from Republican lawmakers, he moved up the timeline.
“We all may have different ideas on how to resolve [the fentanyl crisis], but we want to resolve it,” Jones-Sawyer said.
The committee heard six bills at Thursday’s hearing, and they voted a seventh one that had been shelved on. Four bills passed, two failed, and one was shelved.
Democrats authored six of the seven bills heard.
Bills passed:
- AB 33: Establishes a task force to address fentanyl addiction
- AB 474: Establishes more communication and organization when it comes to targeting fentanyl from state and local agencies
- AB 675: Ensure felony charges for those are caught with a loaded gun and fentanyl
- AB 701: Adds a fine of up to $20,000 for people that are convicted of drug crimes involving fentanyl
Bills that failed:
- AB 367: Add sentencing enhancements for fentanyl dealers who kill or seriously injure people they sell the drug to
- AB 1058: Increase penalties for fentanyl dealers with over 28.35 grams
The remaining bill, AB 955 by Assembly member Cottie Petrie-Norris (D-Costa Mesa), which would increase punishments for drug dealers who sell fentanyl through social media, was placed in ‘Interim Study’ and will be heard again sometime next month.
“I’m going to continue working with my colleagues to develop a comprehensive approach to combat this crisis and yes that includes more investments in education, in rehabilitation, in treatments and it also includes tougher penalties for the traffickers, the dealers who are murdering our children right now,” Petrie-Norris said.
Assembly member Tom Lackey, one of Republicans on the committee, was frustrated from bills focused on enhancing penalties failing to pass.
“We are dismissing consequences and when you dismiss consequences, how are you addressing the problem?” Lackey said.
Advocates for handling the fentanyl crisis as a public health issue feel punishment enhancements will have unintended consequences and have failed in the past.
“If the goal is to save lives, we must discard our belief that more punishment is the answer and invest in intervention that will save the lives of these young adults,” said Aimee Dunkle, who lost her son Ben to a drug overdose.
For Jones-Sawyer, he says now is no time for politics but for coming together to find equitable solutions.
“We’ve been working on the supply side, that’s how we got to the 3 strikes, that’s how we filled our prison — let’s work on the demand side — if we cut off the customers — if we get people off of drugs, then guess what? The drug problem goes away,” Jones-Sawyer adds.
Lawmakers from both sides of the aisle will meet again in mid-May to discuss different approaches to tackling the crisis.
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