Several law enforcement groups are backing legislation introduced by a group of Republican senators that would increase penalties for individuals who traffic and distribute the synthetic opioid fentanyl.
The National Sherriffs' Association and the National Association of Assistant U.S. Attorneys are among the organizations that endorsed S. 2635, also known as the Ending the Fentanyl Crisis Act of 2018, in preparation for a hearing before the Senate Judiciary Subcommittee on Crime and Terrorism on Wednesday.
The endorsements come as the number of fentanyl-related fatalities has skyrocketed, with some organizations estimating that around 20,000 Americans perished from the drug in 2016, and as Congress debates how to respond. Fentanyl is 30 to 50 times more powerful than heroin and 50 to 100 times more potent than morphine, according to the Drug Enforcement Administration. Medical professionals have said that only two milligrams of fentanyl are sufficient to kill an adult.
The endorsements also coincided with news that Sen. Orrin Hatch (R., Utah), the president pro tempore of the Senate and a former chair of the Judiciary Committee, is throwing his weight behind the bill.
Sen. Tom Cotton (R., Ark.), one of the lawmakers who introduced the bill last month, said in a statement that he welcomes the added support and that it is time for Congress to address an epidemic that "killed more than 20,000 Americans" last year. Cotton also praised the Judiciary Committee for holding a prompt hearing.
"I welcome the support of Senator Hatch as well as the National Sheriffs' Association and the National Association of Assistant U.S. Attorneys. Last year alone, fentanyl killed more than 20,000 Americans, and it has been a driving force behind the opioid crisis in the United States," Cotton said. "I applaud the Senate Judiciary Committee's decision to move quickly."
The legislation, introduced by Cotton and Republican Sens. Lindsey Graham (S.C.), John Kennedy (La.), Bill Cassidy (La.), and Dean Heller (R., Nev.), would reduce the amount of fentanyl and its analogues required to trigger a mandatory minimum sentence in trafficking cases.
Under the current law, an individual charged with trafficking 400 grams of fentanyl would be eligible to receive a prison sentence of 10 or more years. If the new legislation is signed into law, individuals charged with trafficking half a gram to two grams of fentanyl could face five or more years in prison. Those trafficking five to 20 grams of fentanyl would face a sentence of 10 years or longer.
Testifying before the Judiciary subcommittee, Christina Nolan, the U.S. Attorney for the District of Vermont, said there are sentencing discrepancies between fentanyl and other drugs.
"The unmatched lethality of fentanyl is not currently reflected in the Controlled Substances Act, which punishes dealers of fentanyl less severely than those who sell less lethal substances such as crack cocaine," Nolan said.
Nolan expressed her support for the legislation, saying that law enforcement agencies need every tool at their disposal to adequately tackle this epidemic.
"To fight the opioid epidemic and the alarming increase in fentanyl trafficking and overdose deaths prosecutors must be armed with charging and sentencing tools sufficient to confront the urgent realities on the ground," Nolan said.
The legislation would also appropriate an additional $9 million to the U.S. Postal Service to better prevent fentanyl from being shipped into the United States from foreign countries. A year-long investigation by the Senate Homeland Security and Government Affairs Committee found that Chinese fentanyl traffickers regularly rely upon the post office to transport the drug. The investigation identified 500 online transactions involving the sale of fentanyl from Chinese "labs," with a street value of $766 million.
Sen. Kennedy, the legislation's lead sponsor, told the Washington Free Beacon that Wednesday's hearing and the support of law enforcement groups are vital to ensure Congress provides an appropriate and comprehensive response to the opioid crisis.
"The United States is experiencing the country's worst opioid epidemic ever," Kennedy said. "One of the biggest threats to those struggling with opioid addiction is fentanyl. Our hearing today in the Senate Judiciary highlighted the gravity of the emerging situation."
"We have to have unified support to approach this crisis head-on," he added. "The National Association of Sheriffs' endorsement means that we are one step closer towards stopping the spread of this devilish drug."