California Bill Would Increase Penalties for Fentanyl Dealers Selling to Minors

The measure would add two years to current sentences and enhancements if the minor involved is at least 4 years younger than the defendant.
California Bill Would Increase Penalties for Fentanyl Dealers Selling to Minors
Heroin and fentanyl pressed into pill form. (Courtesy of the U.S. Drug Enforcement Administration)
Micaela Ricaforte
2/8/2024
Updated:
2/12/2024

California Lawmakers last week introduced an Assembly bill that would increase penalties for fentanyl-related crimes involving minors.

Currently, it’s illegal for individuals to solicit or encourage minors to consume, transport, or sell controlled substances to minors. It’s also illegal to sell or distribute fentanyl within 1,000 feet of K–12 school grounds.

Such crimes face a punishment of imprisonment for either three, six, or nine years depending on the offense committed.

Assembly Bill 2045, introduced Feb. 1 by Assemblyman Josh Hoover, would enhance penalties for such crimes by two years each, depending on the crime.

The bill would also add fentanyl to the list of illicit drugs already covered under state law for drug trafficking offenses on or near school premises.

For adults committing specified drug trafficking offenses within 1,000 feet of a school, the legislation adds an additional punishment of three, four, or five years.

Additionally, if the offense involves a minor who is at least four years younger than the defendant, an extra enhancement of three, four, or five years applies, subject to realignment, meaning officials may decide if an individual serves a lighter sentence or be sent to a county jail instead of a prison.

Mr. Hoover said the bill aims to give prosecutors more tools to hold dealers accountable.

“Our number one job as lawmakers should be protecting our most vulnerable from harm,” Mr. Hoover said in Feb. 2 press release. “We must do more as a Legislature to create a safe environment where our children can learn, grow, and thrive. This bill sends a clear message that those who endanger minors and bring deadly fentanyl into our schools will face severe consequences.”