Federal felony murder charges could be brought against someone who distributes fentanyl that results in a death under bicameral legislation introduced on Sept. 15 by U.S. Sen. Joni Ernst (R-IA), U.S. Rep. Tony Gonzales (R-TX), and their Republican colleagues.
“A wide-open southern border has fueled a fentanyl epidemic in this country. The dealers and distributors of this deadly drug must be held accountable, and that’s what we’re fighting to do,” Sen. Ernst said. “This effort will impose felony murder charges for people who willingly distribute this lethal opioid to unknowing recipients.”
Sen. Ernst cosponsored the Felony Murder for Deadly Fentanyl Distribution Act, S. 4876, with bill sponsor U.S. Sen. Marco Rubio (R-FL) and 11 other original GOP cosponsors, including U.S. Sens. Roger Wicker (R-MS), Bill Cassidy (R-LA), and Marsha Blackburn (R-TN). Rep. Gonzales sponsored the same-named H.R. 8845 with 10 original Republican cosponsors, including U.S. Reps. Brian Mast (R-FL) and Guy Reschenthaler (R-PA).
“Fentanyl is being smuggled through our southern border at record levels. Not only has this lethal drug led to thousands of American deaths, but cartels are now targeting our children and young people,” said Rep. Gonzales. “With the Biden administration failing to resolve this national security crisis, it is time for Congress to take matters into its own hands.”
According to the Centers for Disease Control and Prevention, illicitly manufactured fentanyl is the leading cause of overdose deaths, accounting for 71,328 lost lives in 2021, an increase from 57,834 in 2020.
Currently, the Controlled Substances Act (CSA), which is the primary framework for drug-related criminal charges, treats all Schedule I and Schedule II drugs the same for purposes of distribution resulting in death by mandating a 20-year minimum and no more than life, according to information provided by the lawmakers.
By contrast, felony murder is a charge that can be brought against an individual when an unlawful killing results from the perpetration, or attempted perpetration of, an enumerated felony that the law has historically viewed as inherently dangerous to human life, the information says, noting that felony murder is equivalent to first-degree, pre-mediated murder and requires a minimum of life and is also eligible for capital punishment if convicted.
The proposed legislation would make distributors eligible for felony murder when the individual knows, or has reason to know, that the product being sold contains at least 2 grams of a mixture containing fentanyl, or .5 grams of a mixture containing a fentanyl-analog, and when it kills the user, states the bill’s text.