In the face of a “pandemic” of fentanyl overdoses, lawmakers are seeking to increase criminal penalties for possession of the dangerous drug.
Two measures proposed in the state Legislature, House Bill 506 and Senate Bill 1431, would make possession of fentanyl a Class A felony, putting it on the same level as armed robbery, kidnapping or sex trafficking. Class A felonies carry a maximum possible prison sentence of 20 years.
Currently, fentanyl possession could be charged as a Class A, B or C felony, with a maximum possible sentence ranging from five to 20 years, depending on the quantity possessed. There currently is no drug for which possession of any amount, no matter how small, is considered a Class A felony in Hawaii.
Meanwhile, a third bill, House Bill 265, would establish a mandatory minimum term of at least one year of imprisonment for those convicted of offenses relating to fentanyl possession.
Hilo Rep. Richard Onishi, a co-introducer of HB 265, said he feels the state has a responsibility to try to limit the spread of dangerous drugs throughout the islands.
“With meth and fentanyl, it’s a pandemic, really,” Onishi said. “I think we need to be putting more of an emphasis on making as many deterrents as possible to keep these things from spreading.”
While Onishi said he supports other measures such as making overdose treatments such as naloxone more widely available, he said the bills are intended to cut the supply of fentanyl to the community.
But whether stronger enforcement is the solution is debatable. Kimo Alameda, head of the Hawaii Island Fentanyl Task Force, said he has doubts.
“I’m old enough to remember the ‘80s,” Alameda said. “We had Reagan, and the War on Drugs. Back then, the problem was crack cocaine. They passed all of these laws, they spent a lot of money, and prison sentences ballooned.
“At the time, it felt like they were all focused on the small-time dealers,” Alameda went on. “And now it feels like we’re going back to that because we don’t know what else to do.”
Alameda agreed that the state should be tough on high-level pushers, but said bills such as Onishi’s target primarily low-level dealers and users. He added that, particularly on the Big Island, the prisons and jails are already beyond capacity, and likely cannot support an influx of fentanyl possession convicts.
Alameda also said increasing penalties doesn’t necessarily result in a decrease in criminal activity, and that the War on Drugs, for all the resources spent on it, largely failed at curbing drug use.
“I think we should be recommitting to focusing on treatment, and decreasing demand through education,” Alameda said, noting another pair of bills he helped develop would exclude fentanyl test strips from the legal definition of drug paraphernalia. “We can’t incarcerate ourselves out of this problem.”
HB 506, SB 1431 and HB 265 have passed first reading in their respective chambers.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.