H406: Fentanyl Trafficking

Tuesday, 2/27/24:

Governor Brad Little signed H406 into law yesterday evening.

Thursday, 2/15/24:

H406 reached the 3rd reading calendar in the Senate this week. Yesterday, Sen. Phil Hart moved to send it back to committee, saying that the fiscal note was inadequate, but the vote failed 11-24.

H406 finally reached the floor this morning, passing 28-7, with Hart voting nay and Democrat Sen. Ron Taylor voting aye. It now heads to the governor’s desk to await his signature.

Thursday, 2/8/24:

The Senate Judiciary & Rules Committee voted to send H406 to the floor with a do pass recommendation. It should come up for a vote sometime next week.

Monday, 1/29/24:

Update: After nearly two hours of debate, the House voted 55-13-2 to pass H406. Rep. Heather Scott moved to send it to the amending order but that motion was defeated 19-49-2. H406 now advances to the Senate, probably the Judiciary & Rules Committee.

H406 is being debated on the House floor this morning. Follow my live tweets here.

Tuesday, 1/23/24:

Update: The House Judiciary & Rules Committee voted to send H406 to the floor without a recommendation. It should be debated and voted upon in a few days.

The House Judiciary & Rules Committee is preparing to hold a vote this afternoon. I will post live updates on Twitter.

Saturday, 1/20/24:

I have written an essay about the fentanyl bill, it’s pros and cons, and the bigger issues at play. Check it out here.

Friday, 1/19/24:

Chairman Skaug opened the hearing on H406 in the House Judiciary & Rules Committee with a note that lobbyists on both sides have been rude and threatening to members of his committee. He announced that today would only be presentation and testimony, and the actual committee vote would be next Tuesday.

Click here to follow my live tweeting of the hearing on the fentanyl bill. I’ll have a full article about the issues brought up during testimony soon.

Thursday, 1/18/24:

The fentanyl bill is now House Bill 406.

IFF has rated the fentanyl bill -4.

Wednesday, 1/17/24:

Rep. Chris Allgood introduced RS 30863 C1 in the House Judiciary & Rules Committee on Wednesday afternoon. This is the much talked about fentanyl bill, establishing mandatory minimum sentences for people caught with intent to distribute that deadly drug. Allgood said that it would also create penalties for dealers whose products cause deaths.

“We want to go back to our districts and say we’ve passed the toughest fentanyl so far,” Allgood said.

Rep. David Cannon asks what happens if someone is caught with possession of another drug, such as marijuana, but there is trace amounts of fentanyl. Allgood replies that in such a case there wouldn’t be a reason to test for fentanyl.

Rep. Jacyn Gallagher expressed concern about what she saw as vague language about intent to distribute. Allgood said that police and prosecutors would have to prove such intent, prove that the suspect knew they possessed fentanyl.

Rep. Cannon made a substitute motion to make three minor amendments to the RS, tightening up the language regarding intent. Rep. Allgood denounced the amendment, calling it an attempt to derail the bill.

The amendment failed 10-8, then the original motion to introduce the bill passed 16-2, with two of the three committee Democrats voting against. It will be printed and given a number soon.

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