A bill signed last week is expected to help combat the fentanyl crisis.
Senate Bill 469 strengthens the fight against the alarming and devastating crisis that has inflicted profound harm in the Commonwealth.
Gov. Glenn Youngkin signed the bill that makes it a Class 6 felony for any person – except for permitted manufacturers – to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance; a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains a controlled substance classified in Schedule I or Schedule II of the Drug Control Act or a controlled substance analog as defined in relevant law.
The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.
The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.
“By signing this legislation, we are more resolved, more emboldened, more unified and more focused than ever before to ensure no more Virginians die as a result of this fentanyl epidemic,” said Youngkin. “We are sending a powerful message that Virginia will take critical action against the production and distribution of this horrible poison and we will not tolerate the devastation wrought by this deadly substance.”
“We lose an average of five Virginians every day to fentanyl overdoses. The rise of counterfeit drugs and synthetic opioids, like fentanyl, continue to fuel the drug epidemic gripping the nation right now, but Virginia is fighting back. 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,” said Attorney General Jason Miyares.
“Tragically, virtually every person in the Commonwealth has a family or other close connection to someone who has died of a drug overdose, fentanyl in particular. The Virginia Department of Health reports that almost 79% of drug overdose deaths in our Commonwealth are due to fentanyl. This is unacceptable,” said Sen. Mark Obenshain. “This new law provides three avenues to get at those who are manufacturing and altering these drugs for sale. It’s going to help protect our children and save their lives. I am grateful to my colleagues in the General Assembly, both Democrat and Republican who voted in favor of this bill and I thank the Governor for signing it into law today.”
