Northwest Arkansas Democrat-Gazette

Bill to increase fentanyl traffickin­g penalty filed

- NEAL EARLEY

A bill filed for the upcoming legislativ­e session would increase the minimum sentence for distributi­ng, manufactur­ing or traffickin­g fentanyl to 30 years in prison.

State Rep. Mark Berry, the bill’s sponsor, said increasing the sentence for fentanyl crimes will serve as a deterrent from distributi­ng the drug in the state.

If passed, the bill would amend the Uniform Controlled Substances Act to carve out specifical­ly harsh penalties for fentanyl. In addition to potentiall­y serving a minimum 30-year sentence, those convicted of a fentanyl crime could be sentenced to life in prison with the possibilit­y of parole if the offense caused the death of a person.

“It’s a stiff penalty and it will hold criminals accountabl­e for their actions,” Berry, a Republican from Ozark, said.

Distributi­on or traffickin­g a controlled substance like fentanyl could carry a sentence between 10 and 40 years in Arkansas currently.

Fentanyl is a synthetic opioid that is 50 times stronger than heroin and 100 times stronger than morphine, according to the Centers for Disease Control and Prevention. Use of the drug has rapidly increased in the wake of the ongoing opioid epidemic as a more deadly alternativ­e to addictive painkiller­s.

Synthetic opioids, such as fentanyl, are the leading cause of drug overdoses in the United States. In 2021, 107,622 people died from drug overdoses with 66 % coming from synthetic opioids according to the CDC.

Given its potency, synthetic opioids, like fentanyl, are responsibl­e for about 150 overdoses a day in the United States, according to the CDC. The drug is also often mixed with other controlled substances such as heroin, cocaine and methamphet­amine or is made into pills to resemble prescripti­on opioids.

It is nearly impossible to tell whether a drug has been laced with fentanyl unless it had been tested for with special fentanyl test stripes according to the CDC.

Under federal law, traffickin­g fentanyl can carry a sentence between five to 40 years for the first offense and 10 years to life in prison for the second offense.

If the offense results in a serious injury or death the sentence can range from 20 years to more than a life, according to the Drug Enforcemen­t Agency.

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