(Source: MIRS.news, Published 10/13/2023) Anyone caught carrying more than 1,000 grams of heroin or carfentanil faces a life in prison/$1 million felony under legislation introduced this week by a trio of state House members. Other narcotics would carry a 30-year, $1 million felony.
Legislation sponsored by Reps. Phil Skaggs (D-Grand Rapids), Jimmie Wilson JR. (D-Ypsilanti) and Graham Filler (R-St. Johns) is intended to address the opioid epidemic and fentanyl crisis by establishing stronger penalties for producing and distributing the drug.
“More Americans than ever are dying from fentanyl and heroin overdoses as the opioid epidemic crashes through every community and shatters families,” Skaggs said.
“I am grateful that we crafted a bipartisan bill package aimed at giving law enforcement the tools they need to deal with illicit manufacturers and drug dealers,” he added. “Increasing the penalties for people found guilty of distributing these harmful substances will help our communities become healthier, safer and more vibrant”
The trio said the legislation is also intended to foster fairness in the criminal justice system by “right-sizing” penalties for other Schedule I and II drugs, with the intention of distinguishing the need for stricter sanctions for the most dangerous substances.
The bill package, introduced on Thursday, includes HB 5128, HB 5129 and HB 5130, which amend felony classification level factors for Schedule I and II substances, increasing the felony class for crimes related to delivering or manufacturing fentanyl, heroin or carfentanil, a synthetic opioid used as a tranquilizer.
Skaggs said a higher classification will increase the likelihood of tougher prison sentences for illegal drug producers and dealers.
His HB 5128 amends the public health code to establish a life imprisonment, $1 million felony penalty for those caught over 1,000 grams of fentanyl, heroin or carfentanil.
Those found with between 450 and 1,000 grams of fentanyl would be faced with a 30-year, $500,000 felony, with other narcotics carrying a 20-year, $500,000 penalty.
An amount of fentanyl between 50 and 450 grams would carry a 20-year, $250,000 penalty, with other narcotics carrying the same penalty.
Amounts less than 50 grams of fentanyl would carry a 20-year, $25,000 felony, with other narcotics resulting in a 10-year, $25,000 penalty.
Filler’s HB 5130 makes the same updates to sentencing guidelines.
Wilson’s HB 5129 amends the code of criminal procedure to allow defendants to be sentenced to probation if the violation involved a substance that is not heroin, fentanyl or carfentanil, which bill sponsors said was intended to scale back penalties for other drugs under the classification, like ecstasy and codeine.
“I am proud to be a part of this bipartisan effort, in which legislators are taking seriously the ongoing negative effects that fentanyl and heroin continue to have on our communities,” Wilson said. “These bills target those who are causing so much harm to so many of our residents.”
The bills were referred to the House Criminal Justice Committee, where they await further action.
