Republicans' fentanyl bill includes felony murder charges for some dealers

Drug dealers who sell or give out fentanyl that leads to an overdose death could face felony murder charges under new legislation Republicans have proposed in the House and Senate that also would allow anyone convicted of the elevated charge to be sentenced to life in prison or the death penalty.

Rep. Tony Gonzales (R-Texas), one of the sponsors of the legislation, said in a statement that the goal is to send a "strong message to those who work with cartels and other bad actors — if you sell the drug and take an innocent life, justice will be delivered."

"Our law enforcement agencies are in overdrive combatting the drug epidemic in America, it’s time to take action and up the penalties for fentanyl dealers," he said.

The legislation would create a felony murder charge at the federal level for people who distribute two or more grams of a substance that they know contains fentanyl and that results in a death, according to a draft version of the bill.

Thousands of people die each year of overdoses from fentanyl, a powerful synthetic opioid that can be used on its own or mixed — knowingly or unknowingly by users — into other drugs. Deaths have been declining as health advocates and lawmakers respond to the crisis, according to figures the Centers for Disease Control and Prevention released earlier this year.

The federal Drug Enforcement Administration (DEA) cites Mexican cartels with suppliers in China as the "heart of this crisis" leading to overdose deaths. The Trump administration has cited a dramatic decrease in border crossings as limiting the flow of fentanyl.

States across the country have pursued laws to try to combat the deadly drug. An Arizona woman was charged this week under a new state law that makes it a felony to intentionally sell fentanyl or fentanyl-laced drugs that lead to death.