Fentanyl is, as most everyone knows, a highly dangerous drug. Just a tiny amount can cause serious harm and often death. Sadly, West Virginia has the highest rate of fentanyl deaths in the country.
In an effort to lessen the damage done by fentanyl in our state, Gov. Patrick Morrisey signed a law earlier this year that increases penalties for those who transport or deal fentanyl and other illegal drugs, including heroin, cocaine and meth. It’s known as Laura’s Law, after a young Morgantown woman who died after taking drugs that, unbeknownst to her, were laced with fentanyl.
What does the law change?
The new law does the following:
- Increases penalties for transporting and conspiracy to transport fentanyl into West Virginia
- Increases sentences for the offense of delivering fentanyl
- Requires prison sentences (including some mandatory minimum sentences) for delivering (or intending to deliver) Schedule I and II narcotics
The law also creates new offenses – delivery resulting in death and a “drug kingpin” offense. Both carry a mandatory sentence of no less than 10 years behind bars (and up to 40 years).
Gov. Morrisey noted the state’s long history of substance abuse problems that have “laid waste to generations of West Virginia.” He said that the new law “takes direct aim at the drug dealers.”
The new law will likely ensnare “low-level” dealers
Not everyone is in favor of these enhanced penalties and added offenses. Some note that many who can be classified as “drug dealers” under the law are people trying to make money to support their own addictions. Long-term prison sentences may not aid in their recovery.
These “low-level” drug dealers are often the most likely to get caught selling drugs. Further, it’s possible for a drug (whether it’s considered illicit or one that requires a prescription, like Xanax) to be laced with fentanyl without the knowledge of the person who transports, delivers or sells it to someone, who also doesn’t know.
No one facing a drug-related charge that can carry significant penalties should try to navigate the justice system alone. Having experienced legal guidance can help protect your rights and your future.