Minimum mandatory bills on fentanyl hit House pothole
Mar. 31—CONCORD — A three-bill package to create minimum mandatory prison terms for those who sell or use fentanyl stalled before a key House committee late last week.
House Criminal Justice and Public Safety Committee Chairman Terry Roy, R-Deerfield, sought to get his panel on board for two of these bills after his committee took testimony on them just weeks after they all cleared the state Senate.
"They are bringing this (fentanyl) into our state and poisoning our children; we have to do something about it," Roy said.
"The people who are doing this are major drug traffickers, plain and simple."
Senate President Jeb Bradley, R-Wolfeboro, co-sponsored all three of these bills from Sen. Bill Gannon, R-Sandown, and said they were critical in the state's fight against illegal immigration since border agents have confiscated large amounts of fentanyl attempting to be smuggled in over both the southern and northern borders of the U.S.
Instead, the panel deadlocked, 10-10, on whether to recommend passing or killing two measures, one to deal with the importation of fentanyl into the state, the other for someone who provides that drug and causes the death of another user.
Members voted, 12-8, to recommend interim study or put off until at least 2025 for a third that would impose at least a three-and-a-half-year prison term for someone caught with at least five grams of fentanyl that would go up to a seven-year minimum for those with at least 28 grams (SB 415).
Rep. David Meuse, D-Portsmouth, called the bills "political theater" of supporters who want to demonstrate they are getting tough on those selling fentanyl that compromises the lion's share of the opioid overdose deaths in New Hampshire every year.
"People feel extremely bad in this state about where we are with fentanyl, but I am just not sure how making this change to our law would really help the situation," Meuse said.
Specifically the other two bills would:
—Intent to Distribute (SB 316): A five-year minimum for importing any quantity of the drug into the state that would permit seizure of a car used to carry out a drug distribution deal and,
—Death of Another (SB 414): A 10-year, minimum prison term would result for anyone selling fentanyl that resulted in the death of someone else.
While four of 10 Senate Democrats voted for two of these three measures that have Gov. Chris Sununu's support, no Democrats on Roy's committee were on board for them during an executive session last Friday.
Rep. Jonah Wheeler, D-Peterborough, said judges should retain the freedom to more severely punish large-scale drug dealers and not those who might have been unaware of how dangerous a fentanyl dose they had given to someone else can be.
"I believe in judicial discretion; I don't think the judges would appreciate the Legislature telling them, 'We know better on these issues,'" Wheeler said. "Some people deserve high sentences; the judges should determine whether they do."
The current law permits a judge to sentence someone who causes the death of another for up to a prison term for life, and up to 30 years for someone trafficking in fentanyl with the intent to distribute.
Supporter: NH laws not as tough as neighbors
But Rep. Karen Reid, R-Deering, said the committee heard from drug dealers last summer who said New Hampshire was a more attractive place to deal in drugs compared to Maine that had tougher sentencing laws.
Rep. Amanda Bouldin, D-Manchester, said creating a 10-year mandatory term regarding the death of another could lead to fewer drug addicts calling 911 to help someone who has overdosed.
"They are more likely to avoid trouble than to save a life," Bouldin said.
Rep. John Sytek, R-Salem who also serves as a bail commissioner, admitted he was torn about whether this would help.
"I wish this bill weren't here. If we walk away from this minimum, do we send a message that we walked away from trying to solve this problem. I don't like minimum (mandatory terms); I don't like these bills. I'm going to vote for it, but I am not very happy about it," Sytek said.
But Rep. Jennifer Rhodes, R-Winchester, said this sentencing reform is worth a try.
"This is creating this awful division amongst us, and everybody says they have the best way to solve this problem," Rhodes said. "I can't think of a better way to stop something than to have this determent."
Many substance-abuse recovery field leaders told the House committee that similar, minimum mandatory terms created for the sale of crack cocaine during the 1980s only increased prison overcrowding and did not lead to fewer illegal drug sales.
They pointed out an individual user can use up to five grams a day and one of these bills could subject them to a mandatory prison term of 42 months.
New Futures, a public health advocacy group, the American Civil Liberties Union of New Hampshire and the state's criminal defense bar all opposed these measures while the State Police and the New Hampshire Association of Chiefs of Police supported them.
The full House will take up the bills later this spring.
