Members of the GOP are pushing for new legislation to enforce tougher penalties to crack down on the fentanyl crisis, such as life sentences for anyone convicted of trafficking fentanyl or the death penalty for those convicted of selling or distributing the drug.
The GOP is hoping to take a hard line on the issue by claiming that Democrats have allowed the crisis to worsen under their watch, citing President Joe Biden’s “open border policies,” according to a memo sent out to the largest conservative coalition in the House.
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“House Republicans need to fight the drug epidemic at its source — the U.S. Mexico border — and increase penalties for the criminals flooding our communities with deadly drugs,” the memo from Republican Study Committee Chairman Jim Banks (R-IN) to members said.
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Death Penalty for Dealing Fentanyl Act of 2022
The Death Penalty for Dealing Fentanyl Act of 2022, introduced by Rep. Paul Gosar (R-AZ) in July, would punish those convicted of selling or distributing fentanyl with the death penalty or life in prison.
“Instead of reducing prison sentences for drug offenders, it is long past time that those responsible for manufacturing or knowingly distributing fentanyl pay a heavy price,” Gosar said. “We must get tough on those criminals that are contributing to this drug crisis.”
Former President Donald Trump has voiced his support for imposing the death penalty on convicted drug dealers during speaking events.
“The penalties should be very, very severe. If you look at countries throughout the world, the ones that don’t have a drug problem are ones that institute a very quick trial death penalty sentence for drug dealers,” Trump said at the America First Policy Institute in July, according to the Hill.
Fentanyl Trafficker Elimination Act
Rep. Tim Burchett (R-TN) introduced the Fentanyl Trafficker Elimination Act in January, which would increase criminal penalties for those convicted of illegally trafficking fentanyl. Under the bill, anyone convicted of intentionally trafficking fentanyl would be sentenced to life in prison.
“Smugglers aren’t deterred by the existing penalties for trafficking fentanyl into the United States,” Burchett said in a statement. “You better be ready to spend the rest of your life in prison if you willingly bring illegal fentanyl across any of our borders. No longer can we shrug off this criminal activity that is responsible for killing hundreds of thousands of Americans.”
In fiscal year 2021, the average sentence for a person convicted of trafficking fentanyl was 58 months, according to the United States Sentencing Commission.
Fentanyl Penalties Parity Act
Rep. Glenn Grothman (R-WI) introduced the Fentanyl Penalties Parity Act last October, which would reduce the threshold to trigger a mandatory minimum prison sentence for fentanyl-related offenses.
It would amend the Controlled Substances Act and Controlled Substances Import and Export Act to decrease the mandatory minimum threshold for fentanyl offenses from 400 grams to 20 grams of a mixture or substance containing the drug.
It would also reduce the five-year mandatory minimum threshold for fentanyl offenses from 40 grams to 2 grams.
Civil Justice for Victims of International Fentanyl Trafficking Act
Introduced by the late Rep. Jackie Walorski (R-IN) in June, the Civil Justice for Victims of International Fentanyl Trafficking Act aims to allow people and state attorneys general to sue foreign countries for death or injury that was caused by fentanyl use or exposure if the foreign country was negligent in combating illegal fentanyl trafficking into the U.S.
Stop Pills That Kill Act
The bipartisan Stop Pills That Kill Act, introduced by Sen. Chuck Grassley (R-IA) in May, would put in place new penalties for counterfeit pill production.
It also requires the Drug Enforcement Administration to establish and implement a comprehensive plan to tackle the spread of these counterfeit pills containing fentanyl or methamphetamine.
Another legislative proposal aims to expand the public emergency health order Title 42 to restrict immigration from countries that pose a public health risk due to “the high risk of smuggling controlled substances, including fentanyl.” Two separate bills have been introduced on the subject, including the Securing the Border for Public Health Act of 2022 and the Stop Fentanyl Border Crossings Act.
The GOP is also proposing other legislation that would enhance criminal penalties for trafficking fentanyl and other drugs disguised as candy.
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Fentanyl is a synthetic opioid that is 80 to 100 times more powerful than morphine and 30 to 50 times more powerful than heroin.
In 2021, there were more than 107,000 fatal drug overdoses in the U.S., up nearly 15% from the previous year, according to the Centers for Disease Control and Prevention. Synthetic opioids accounted for over three-quarters of those deaths.
