Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Beyond its administrative updates, SB645 also imposes stricter criminal penalties for offenses related to fentanyl and other controlled substances. The bill raises the penalty for the manufacture or delivery of less than 1 gram of fentanyl from a state jail felony to a third-degree felony, indicating a significant escalation in the legislative approach to drug-related offenses. This alignment reinforces the state's response to the ongoing fentanyl crisis, where overdoses have surged in recent years.
SB645 addresses the increasing issue of fentanyl overdoses by designating 'fentanyl poisoning' as a cause of death to be explicitly noted on death certificates when certain conditions are met. The bill specifies that a toxicology exam revealing lethal levels of fentanyl, combined with evidence of an opioid overdose, necessitates this designation. This change aims to provide more accurate data regarding fentanyl-related deaths and facilitate better understanding and response to the crisis.
The general sentiment around SB645 appears to be supportive, particularly among lawmakers focused on public safety and response to the opioid crisis. During discussions, proponents emphasized the bill's importance in aligning penalties with the severity of fentanyl addiction and fatalities. Advocates, including individuals affected by the opioid crisis, noted the bill as a crucial step towards curbing drug-related deaths, suggesting a consensus on the pressing need for legislative action.
However, some concerns were raised regarding the potential for increased stigmatization of individuals struggling with addiction and the adequacy of the criminal justice approach to addressing the complex factors contributing to drug abuse. Critics warned that merely increasing penalties might not address underlying issues such as health care access, mental health support, and community services necessary for comprehensive addiction treatment.
Health And Safety Code
Penal Code