TUCSON, Ariz. (KGUN) — An Arizona bill aims to charge drug traffickers or dealers with first-degree murder if their sale leads to death because of fentanyl, but some say this isn’t the right solution.
RELATED: Arizona bill that would charge fentanyl dealers with murder heads to the House
SB1029 was heard by the House Judiciary Committee on Wednesday.
“I’ve been here before. I lost my son Jacob Guerrero on May 30 of 2020 to fentanyl poisoning. He had used cocaine and there was fentanyl in the cocaine,” said Theresa Guerrero.
Theresa Guerrero continues to make the trip from Tucson to Phoenix to share her son’s story to Arizona lawmakers.
“There are many mothers and fathers like me that don’t want to be burying their kids because they are trying a drug for the first time,” said Guerrero.
And she isn’t the only mom who has lost their child to fentanyl.
“She died in May of 2021, May 26. We’ve been fighting for fentanyl legislation now for almost two years,” said Josephine Dunn who lost her daughter.
Those against the bill say this could possibly punish the wrong person.
“It is unfair and unjust for a person who shares his or her stash with a friend or relative without knowing that it might cause a death,” said Dianne Post, an attorney for NAACP.
Although an amendment was added to the bill specifying the person has to be involved with a ‘criminal enterprise,’ others worry that charging someone with felony murder is not the answer.
“Our opposition is not with addressing this issue, it is replacing it with felony murder when felony murder with and of itself is problematic. It catches people in the system, it takes them out of society when they had no intent to commit a murder,” said Nathan Wade an attorney with AACJ.
According to DEA testing, 6 out of 10 fentanyl-laced fake prescription pills are potent enough to kill the user. This is an increase from the previous 4 out of 10 pills in 2021.
The bill was put on hold with the conversation continuing next week.
“We just can’t seem to get together as a body to resolve this problem so I’m hoping after today, after this year, after next year, we can try to find that common ground,” said Rep. Quang Nguyen, R-Prescott Valley.
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Faith Abercrombie is a reporter for KGUN 9. Before coming to KGUN, Faith worked as a videographer for the Phoenix Children's Hospital Foundation and as a reporter and producer on the youth suicide documentary, "Life is..." on Arizona PBS.
Share your story ideas with Faith by emailing faith.abercrombie@kgun9.com or by connecting on Facebook, or Twitter.
