New penalties for “cutting” or mixing fentanyl with other substances, or disguising it as other drugs, moved within a legislative step of the governor’s desk on Wednesday with House committee passage of Senate Bill 1280, by Sen. Darrell Weaver, R-Moore.
SB 1280 would create a felony punishable by seven years to life in prison for unlicensed manufacture of substances containing the potent synthetic opioid. Rep. Robert Manger, R-Midwest City, the bill’s House sponsor, told the House Criminal Judiciary Committee the intention is to “more appropriately address criminal liability” by shifting it “away from the street dealer and user up to the criminals creating this poison.”
Fentanyl is 50 to 100 times more potent than natural opioids such as heroine and morphine, according to the Centers for Disease Control and Prevention. It is relatively cheap and easy to manufacture, and its potency means it can be transported in small lots, thus making it more difficult to detect.
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It is often mixed with other drugs or formed into pills resembling other, more expensive drugs, for illegal sale.
According to state data, 609 people died from fentanyl overdoses in 2022, up dramatically from 50 in 2019. Data from 2023 are not yet available.
Manger’s comment aside, SB 1280 would not lessen penalties for sales or possession of fentanyl. It would, however, insert specific language regarding fentanyl into statutes dealing with the illegal manufacture of drugs.
“I’m concerned about the kid who has a Lortab in his pocket going to prison for seven years,” said Rep. Judd Strom, R-Copan, referring to a powerful pain medication.
“That’s not what this is,” said Manger. “It’s about manufacture.”
Also approved in the same committee was SB 1557, by Sen. Adam Pugh, R-Edmond, which would facilitate the introduction of previous abuse into cases involving domestic violence.
Rep. Anthony Moore, R-Clinton, the House sponsor, said the intention is to give victims a few days to get to a place of safety before reporting abuse.
Both bills have passed the Senate and are available to be heard by the full House. If adopted without amendment, they would then go Gov. Kevin Stitt.
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