Rep. Charlotte Little
By ESTEBAN CANDELARIA
The Santa Fe New Mexican
Bills toughening penalties for fentanyl trafficking moved forward today in both the Roundhouse and the U.S. Capitol, dividing Democrats between tough-on-crime advocates and those who don’t think stiffer sentences address the root causes of the crisis.
In Santa Fe, House Bill 16, sponsored by state Rep. Charlotte Little, D-Albuquerque, passed the House Government, Elections and Indian Affairs Committee on a 6-3 vote. House Democrats who voted against the bill posed questions about the implications and efficacy of slapping more prison time on fentanyl traffickers.
People caught with 100 to 500 fentanyl pills, or 10 to 50 grams of fentanyl powder, could face an extra three years in prison under Little’s bill. Those caught with 500 or more pills — or 50 grams or more, which is a little less than two ounces — could face an extra five years, as could those found to have supervised, directed or recruited someone else to traffic fentanyl.
The bill is not meant to target addicts or lower-level players but serious traffickers, attorney Mark Baker told lawmakers. He added the sentencing enhancements are not mandates — rather, they’re options for judges to consider that help illustrate the problem of fentanyl.
According to a New Mexico Sentencing Commission analysis of the bill, fentanyl was implicated in about 18% of drug trafficking cases resulting in prison sentences in fiscal years 2023 and 2024.
“Given the seriousness of the fentanyl inflow into New Mexico, it would underscore the need for courts to treat that seriously,” he said.
Still, some lawmakers expressed concerns about the notion of increasing incarceration, arguing tougher penalties do not necessarily translate to a decrease in the flow of drugs.
“Manufacturers aren’t necessarily driven by potential penalties, they’re driven by profit,” said Rep. Janelle Anyanonu, D-Albuquerque. “And at the federal level, we increased minimum sentencing for specifically fentanyl-related charges in 2018, but we haven’t seen a reduction in use, which is the ultimate goal.”
HB 16’s first test came as a bill to permanently make fentanyl-related substances a Schedule I drug backed by Sen. Martin Heinrich, D-N.M. cleared the U.S. House of Representatives.
The bill passed the House 312-108 Thursday, with all but one of 215 Republicans voting in favor and Democrats divided, with 98 in favor and 107 against. New Mexico’s delegation was split, with Rep. Gabe Vasquez in favor and Rep. Melanie Stansbury against; Rep. Teresa Leger Fernández did not vote.
Heinrich introduced a Senate version in late January alongside Republicans Chuck Grassley of Iowa and Bill Cassidy of Louisiana.
Fentanyl-related substances are currently considered Schedule I drugs on a string of extensions of a 2018 Drug Enforcement Administration order. That designation, though, is set to expire in March; Heinrich’s bill would codify the Schedule I designation.
That bill, called the Halt All Lethal Trafficking of Fentanyl Act, would permanently impose penalties for fentanyl trafficking based on the amount a person was found with, according to a news release.
For 10 grams or more, a first-time offender would face a minimum of five years in prison. Those sentences would scale up based on the amount an offender is caught with and their number of offenses, ending with a discretionary maximum sentence of life in prison for 100 grams of fentanyl or more.
“I’m pleased that my HALT Fentanyl Act is one step closer to becoming law,” Heinrich said in the release. “I urge my Senate colleagues to swiftly bring the legislation to the floor for passage. It is urgently needed to help our law enforcement personnel crack down on illegal trafficking, get deadly fentanyl out of our communities, and save lives.”
Esteban Candelaria is a corps member with Report for America, a national service program that places journalists into local newsrooms. He covers child welfare and the state Children, Youth and Families Department. Learn more about Report for America at reportforamerica.org.
