(C) South Dakota Searchlight
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Stiffer penalties for fentanyl dealers in overdose cases moves to full state Senate [1]
['John Hult', 'More From Author', '- February']
Date: 2024-02
PIERRE – Drug dealers who knowingly sell fentanyl to someone who later dies of an overdose would be in line for longer sentences under a bill that passed the state Senate Judiciary Committee unanimously on Thursday.
Those who sell illegal drugs that kill their users are already in line for up to 50 years in prison if the deceased user is an adult, or up to life in prison if the deceased is a minor. Those sentences are based on the discretion of prosecutors, however, who can choose to enhance the typical 10-25 year potential sentences for drug distribution to higher levels.
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Senate Bill 6 would take away that discretion and boost the penalty for distributing drugs that cause death to a class 2 felony, punishable by up to 25 years in prison. For deaths involving the synthetic opioid fentanyl, the penalty would be a class 1 felony carrying up to 50 years in prison and up to life for deaths involving minors.
The bill’s prime sponsor is Sen. David Wheeler, R-Huron. Wheeler told the committee that his bill is a recognition of the dangers of opioids, responsible for 45 deaths in South Dakota in 2022.
Dealers are “using fentanyl in drugs that people might not know about,” Wheeler said.
A lobbyist for the state’s defense lawyers argued that the enhancements wouldn’t be appropriate for “low-level” dealers who don’t realize what’s in the drugs they sell.
Just before that testimony, however, the committee added an amendment, at Wheeler’s request, that would require a defendant to know what they sold contained fentanyl to be eligible for the enhanced penalties.
Committee Chair Helene Duhamel, R-Rapid City, asked if it’s possible to prove that a dealer knew about the presence of fentanyl.
“It’s not always easy to prove, but it’s possible to do if the proof is there,” Wheeler said.
The bill, which passed 7-0, now moves to the full Senate for consideration.
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