Three fentanyl-related bills coming off hairline committee votes were passed by the New Hampshire Senate on Thursday, showing a growing appetite among lawmakers to see the state clamp down on drug distribution.
Moving onto a future House vote are:
- Senate Bill 316 — establishing a penalty and mandatory minimum prison sentence specifically for a person who transports fentanyl class drugs into New Hampshire with the intent to distribute.
- Senate Bills 414 and 415 — adding mandatory minimums for death-resulting cases and fentanyl possession of certain amounts. All three bills were brought forth to the Senate unamended with a 3-2 recommendation from the Judiciary Committee.
“Public safety is a priority of this state, and keeping criminals off the street,” said Sen. Daryl Abbas, a Salem Republican and prime sponsor of SB 316. “The black market fentanyl has been very damaging to New Hampshire communities and the families of New Hampshire.”
Abbas’ bill, which passed 14-10 after an emotive debate, would impose a five-year minimum prison sentence for an individual who “enters this state while possessing any quantity of a fentanyl class drug with the intent to distribute the fentanyl class drug.”
Sen. Sharon Carson, a Londonderry Republican who chairs the Senate Judiciary Committee, called the bill a “much-needed piece of legislation” that will “make drug dealers think twice about setting up shop here in New Hampshire.”
She cited testimony from a formerly convicted drug dealer who spoke in front of the House last year, quoting him, “You’re going to scare people away with mandatory minimums.”
“We must fight against drug trafficking, especially with fentanyl-related offenses,” Carson said. “We are now seeing fentanyl-laced drugs, other drugs, making an appearance in our state and killing our state’s citizens.”
Meanwhile, opposing lawmakers contended there isn’t evidence that mandatory sentences make a dent in the overdose crisis, and instead, direct more money and resources toward incarceration. In January, both the New Hampshire Association of Criminal Defense Lawyers and the American Civil Liberties Union testified that mandatory minimums also disrupt the judicial process and take discretion out of a judge’s hands.
“These bills attempt to solve the problem, the problem being the scourge of fentanyl in our communities, but they attempt to resolve those problems by means that do not work,” said Sen. Shannon Chandley, an Amherst Democrat, pointing to the “failed mandatory minimum policies of the 1980s and 1990s.”
Sen. Rebecca Whitley, a Hopkinton Democrat, referenced a50-state analysis done by Pew Charitable Trusts in 2017 that found no statistically significant relationship between states’ drug offender imprisonment rates and three measurements of drug problems: rates of illicit use, overdose deaths, and arrests. She argued that evidence is on the side of prevention and treatment.
The Senate also passed two Gov. Chris Sununu-supported bills sponsored by Sen. Bill Gannon, a Sandown Republican. SB 414, passed 18-6, would establish a mandatory minimum sentence of 10 years in prison for the crime of distribution of a controlled drug with death resulting. SB 415, passed 18-6, would add mandatory minimums for certain fentanyl crimes, including 3½ years incarceration for possession of 5 grams or more and seven years for 28 grams or more.
Gannon said he introduced SB 414 on behalf of families in Fremont and Seabrook who lost loved ones to overdoses and wanted to see someone held accountable.
Under the state’s Controlled Drug Act, a person can be charged with selling a drug that ultimately led to a person’s overdose death. These are typically referred to as “death-resulting” cases, which can be challenging to prosecute because a high level of proof is needed to achieve a conviction. These cases also tend to be controversial because the person facing the charge is often in the throes of addiction, as well. Because of that, some feel judges should maintain discretion in sentencing, so they’re able to take mitigating factors into account.
Gannon said 10 years in prison is appropriate “for a life taken,” and while he does support rehabilitation efforts, deterrence is also an important piece of a multi-pronged approach to curbing the opioid crisis.
Speaking emphatically to his fellow lawmakers, Sen. Kevin Avard, a Nashua Republican, said: “This is a bill that sends a strong message. It has to stop.”
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