WARNING: WHAT YOU DON’T KNOW MAY KILL YOU: WHY CALIFORNIA NEEDS FENTANYL-SPECIFIC LEGISLATION

Abstract

The lack of fentanyl-specific legislation in California is causing an overdose crisis throughout the state. This is partly attributed to the potency of fentanyl with low doses often resulting in death. Despite this increased risk of danger, however, current legislation merely lumps fentanyl punishment with the designated punishment for other controlled substances. Yet, these criminal statutes have consistently proven unsuccessful as the use of fentanyl continues to rise and unintended consequences continue to grow. The ineffective management of this threat by our legislative branch has caused vigilante prosecutors to use illegal tactics of prosecution. Prosecutors are now charging dealers with murder, without any legal grounds for doing so, when death results from their distribution of fentanyl. This is true even when fentanyl is distributed unknowingly. This pivot by prosecutors is not only unauthorized, but unconstitutional. This Note demonstrates the need for California fentanyl-specific legislation by discussing sad realities of the opioid crisis. This Note begins by detailing what fentanyl is, where it comes from, and who it affects, before diving into the shortcomings of past legislative efforts. It then discusses the unconstitutional actions triggered by unsettled standards. Finally, it proposes innovative legislation that builds on current federal legislation, correctly targets high-end dealers, and attacks the opioid crisis on all fronts