Drug dealers could be charged with murder under new Virginia fentanyl plan
Virginia Republicans announced their top legislative priorities for the new year, with curbing fentanyl deaths chief among them.
Under current case law, it is difficult to charge a drug dealer with the murder of a user who died from fentanyl they had purchased unless they are in the proximity of that dealer, according to GOP legislators.
State Senate Minority Leader Ryan McDougle, R-New Kent, told Fox News Digital on Tuesday that Virginia hopes to address that legislative insufficiency.
"This [law] would say if you sell the drugs, it doesn't matter if you're in physical proximity," he said.
McDougle and Senate Republican Caucus Leader Mark Obenshain are spearheading the effort.
Fox News Digital reached out to Obenshain, of Harrisonburg, for additional comment.
However, at a related press conference, Obenshain said that as long as people are "dying in every corner of Virginia, of every socioeconomic background, that means there’s people out there peddling this poison."
A pair of Senate special elections on Tuesday were set to determine whether Republicans will take a slightly belated majority in the chamber this term, as Democrats currently control it by one seat.
Voters went to the polls in both Loudoun County and a swath of more red counties, including Buckingham, Fluvanna and Goochland.
On Wednesday, multiple outlets projected Democrats will hold their slim single-seat majority – requiring one liberal to side with McDougle and Obenshain on their counter-fentanyl proposal.
In 2022, the Old Dominion ranked 14th among states for total fentanyl-related deaths, with 1,973 fatalities, and was positioned near the national average in terms of death rate per capita, according to CDC data.
TOP DOGE SENATOR DEMANDS LAME-DUCK BIDEN AGENCIES HALT COSTLY TELEWORK, CITING VOTER MANDATE
For comparison, neighboring West Virginia leads the nation in fentanyl deaths per capita, but total deaths were 1,084, less than Virginia.
Seven out of 10 pills seized by the DEA contain a lethal dose of fentanyl, according to OnePillCanKill Virginia.
A representative for Gov. Glenn Youngkin said he believes prosecuting fentanyl dealers should receive bipartisan support:
"As Governor Youngkin has said time and time again, any person who knowingly and intentionally distributes fentanyl should be charged and prosecuted to the fullest extent of the law," spokesman Christian Martinez told Fox News Digital.
"We cannot continue to let makers and dealers get away with murder – and it is time Democrat lawmakers side with victims' families over fentanyl makers and dealers."
In April, Youngkin signed Obenshain’s prior fentanyl-related bill, SB 469, which made unlawful possession, purchase or sale of encapsulating machines for the purpose of producing illicit drugs a Class 6 felony.
It also imposed felony penalties for subjects who allow a minor or mentally incapacitated person to be present during the manufacture of any substance containing fentanyl.
Virginia Attorney General Jason Miyares previously said an average of five people die each day from fentanyl overdoses throughout the state.
"By enhancing penalties and criminalizing the possession and use of machines to produce counterfeit drugs, we are supplying law enforcement personnel with the tools they need to hold drug dealers accountable for poisoning our communities," Miyares said.
CLICK HERE TO GET THE FOX NEWS APP
After her husband signed the 2023 legislation, Virginia first lady Suzanne Youngkin said there is "nothing more important" than protecting families and communities in Virginia. "I applaud all persons working hard to fight the spread of this illicit drug taking the lives of far too many Virginians," she said.
Virginia Republicans also indicated this week that they will work to put Youngkin’s December plan curtailing taxation of gratuities into law. The plan somewhat mirrors President-elect Donald Trump’s "No Tax on Tips" campaign pledge.
"Hard-working Virginians deserve to keep the tips they earn for their service," McDougle said. "Governor Youngkin’s inclusion of this policy in the budget is an important step in our support of hard-working Virginians, and we’re proud to introduce the bill to put it in the Code of Virginia."
McDougle said Tuesday the chamber will also pursue a ban on transgender women competing in women’s and girls’ sports.