Governor signs anti-fentanyl law 'enhancing penalties for possessing, manufacturing and distributing'

Public Policy
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Gov. Greg Abbott signs bill at Crime Stoppers of Houston, seated with (left) State Sen. Joan Huffman and (right) Crime Stoppers of Houston Deputy Director Nichole Christoph. | Twitter.com/GregAbbott_TX

Gov. Greg Abbott recently signed a bill increasing penalties for the illegal manufacture and sale of fentanyl, in an effort to win the battle against the opioid epidemic.

The bipartisan legislation, co-sponsored by State Sen. Joan Huffman (R-Houston) and State Rep. Ann Johnson (D-Houston), mandates criminal penalties against those who manufacture, deliver or possess with intent to deliver fentanyl within the state.

"Fentanyl is one of the deadliest drugs on the street," Abbott tweeted. "This year, the Texas Department of Public Safety has seized enough fentanyl to kill 70 million people. That's everyone in Texas and California combined. I signed a law enhancing penalties for possessing, manufacturing and distributing this drug."

Under the new law, effective Sept. 1, offenses involving less than one gram of fentanyl will now be state jail felonies, which are typically punishable by a sentence of 180 days to two years or a fine of up to $10,000. The law requires a minimum 10-year sentence if a person is caught with between four and 200 grams of the controlled substance, a minimum of 15 years for 200-400 grams and a minimum 20-year sentence for 400 grams or more. The maximum sentence under the new law for all offenses of four grams and higher is life imprisonment.

Texas state troopers seized nearly 95 pounds of fentanyl during the first quarter of this year, compared to just 11 pounds during the same period last year, according to a May 27 press release from the governor's office.

Overall deaths from drug overdoses in the U.S. grew to 93,000 in 2020, a 29% increase over the 72,000 overdose deaths reported the previous year, according to Click2Houston.com. Fentanyl was involved in many of these deaths, either directly or by being mixed with other drugs such as heroin, cocaine or methamphetamine, the news outlet reported.

Abbott publicly admonished bill co-sponsor Johnson for being absent from the signing ceremony. Johnson is in Washington, D.C. with more than 50 Lone Star legislators who left the state July 12 for the second time to avoid voting on a bill to tighten voting laws.

Abbott sent a statement to ABC13 News saying Johnson would not attend because she "fled the state with other Democrats who abandoned their legislative responsibilities."

"I'm glad that the governor is thinking about me," Johnson told ABC13 News, adding that she would like the governor to "refocus his efforts" on the power grid and other issues.