State House members with wide-ranging views on a so-called “fentanyl bill,” including both of Juneau’s representatives, discuss proposed amendments during Wednesday’s floor session. Standing from left to right are Sarah Vance, R-Homer, Sara Hannan, D-Juneau, David Eastman, R-Wasilla, Andi Story, D-Juneau, and Alyse Galvin, D-Anchorage. The bill passed by a 35-5 vote Thursday, with Story voting in favor and Hannan against.

State House members with wide-ranging views on a so-called “fentanyl bill,” including both of Juneau’s representatives, discuss proposed amendments during Wednesday’s floor session. Standing from left to right are Sarah Vance, R-Homer, Sara Hannan, D-Juneau, David Eastman, R-Wasilla, Andi Story, D-Juneau, and Alyse Galvin, D-Anchorage. The bill passed by a 35-5 vote Thursday, with Story voting in favor and Hannan against.

‘Fentanyl bill’ passes House

Some drug offenders causing death can be charged withg murder under governor’s proposal.

The state House on Thursday passed a bill that would make second-degree murder charges a possibility for people who manufacture or distribute certain illegal drugs, including fentanyl, if their actions lead to an overdose death.

The bill passed by a 35-5 vote after more than five hours of debate over two days over what even a supporter called a “performative” measure that will have little real-world impact.

House Bill 66, introduced by Gov. Mike Dunleavy, also eliminates “good time” credit for inmates convicted of murder for such drug fatalities, and increases punishment for some first-time offenders and people providing drugs to people who are disabled or incapacitated.

Supporters of the bill cited dramatic figures such as 253 Alaskans dying from drug overdoses in 2021, a 158% increase in fentanyl deaths that year, and a 417% increase between 2017 and 2021. Opponents also provided striking statistics, such as noting six other states implementing similar laws saw overdose deaths rise between 7.6% to 21% in one year because people were afraid to call police or hospitals to report overdoses.

An evidence bag holds pills containing fentanyl at the Juneau Police Station. Curbing sales of fentanyl, a powerful synthetic opioid, via harsher penalties is a main focus of a bill that was heavily debated in the state House of Representatives this week. (Ben Hohenstatt / Juneau Empire File)

But for legislators speaking from different viewpoints, the bill’s real-world meaning came down to two people.

“I figure that two people nationwide died from overdoses while we were debating this bill yesterday,” said Rep. Craig Johnson, chairman of the House Rules Committee, referring to the initial floor discussion that lasted more than three hours. “Make no mistake about it: selling fentanyl and now methamphetamine is murder for hire. It is motivated by profit, it is motivated by self-benefit, and the children and families of Alaska are suffering for it.”

Two entirely different people — representing the total number of people in Alaska convicted during the past 15 years for the current offense of manslaughter for making or distributing such drugs resulting in fatalities — were singled out by Rep. Andrew Gray, an Anchorage Democrat.

“What this bill will do is allow those two people to be locked up a little bit longer,” he said.

But while Gray expressed stirred up some murmurs by calling it a “performative bill,” he said he supports it because the provisions he objected to most — such as eliminating “good time” credits for all felony drug convictions — were removed at the urging of correctional institution and other officials as the proposal moved through the House.

A similar contrary element existed throughout the House, as votes on the numerous amendments to the bill frequently strayed from majority and minority coalition lines. Juneau’s two Democratic representatives were on opposing sides of some of those amendments and on the bill itself, with Rep. Andi Story voting in favor and Rep. Sara Hannan in opposition.

Hannan, like others opposing the bill, said it doesn’t enact anything meaningful to address the core issues that cause drug addiction and offenders relapsing after treatment or prosecution.

“We are not dealing with prevention of a death, but only the punishment of the dealer,” she said.

A few legislators opposing the bill said it will actually lead to more deaths, based in the increased overdoses in other states due to people failing to report them.

“We have a duty to examine the facts and not just our feelings,” said Rep. Jeanine Armstrong, an Anchorage Democrat.

But a fellow Anchorage Democrat, Rep. Andy Josephson, responded to concerns about the limited enforcement impact of the bill by noting prosecutors have stated one of the reasons there’s few convictions for the most serious offenses is a “proof problem” to support tougher charges.

“This creates more leverage and allows us to find kingpins so we can get to those root causes,” he said.

Several supporters of the bill said they agree with dissenters who say improvements are needed to the state’s rehabilitation facilities and programs, but that’s a separate consideration.

Johnson said he hopes the bill’s provisions will deter out-of-state drug dealers from coming to Alaska and, noting some states allow the death penalty for drug-related deaths, said “if I thought I could get that through I might try that.”

Passage of the bill occurred on the same day a Washington man was arrested at Juneau International Airport on suspicion of carrying about $110,000 of fentanyl and methamphetamine.

Other supporters said avoiding addiction and rehabilitation is about personal responsibility.

“We get a savior complex in this building,” said Rep. Sarah Vance, a Homer Republican. “We just want to help everybody, and we think we can do it all and government is the solution.

“There are not enough state programs to fill the God-shaped hole in people’s hearts and why they seek drug addiction,” she said, subsequently adding “to the people who are struggling with addictions there is a way out, there is hope and I’m going to say it: I will tell you that you will find it with Jesus alone. That is the conversation many of us will face, because we are not the saviors in this room. But we are utilizing the tools that available to us by law to provide accountability to those who show no regard for the lives of your loved ones.”

• Contact reporter Mark Sabbatini at mark.sabbatini@juneauempire.com.

More in News

(Juneau Empire File)
Aurora forecast for the week of Nov. 27

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

Angie Flick (center), finance director for the City and Borough of Juneau, provides details of an early draft of next year’s municipal budget to Assembly members as City Manager Katie Koester (left) and Budget Manager Adrien Wendel listen during a Finance Committee meeting Wednesday night in the Assembly Chambers. (Mark Sabbatini / Juneau Empire)
Assembly members prepare to retreat so they can move ahead on next year’s budget

“Very draft” $190 million spending plan for FY25 based on status quo has $1 million deficit.

(Michael Penn / Juneau Empire File)
Police calls for Monday, Nov. 27, 2023

This report contains public information from law enforcement and public safety agencies.

The front page of the Juneau Empire on Nov. 30, 2005. (Photo by Mark Sabbatini / Juneau Empire)
Empire Archives: Juneau’s history for the week of Dec. 3

Three decades of capital city coverage.

Cheyenne Latu (left), a pharmacy technician at Ron’s Apothecary Shoppe, and business co-owner Gretchen Watts hang a poster at the front counter Thursday announcing the store’s closure after Dec. 6 as Jessica Kirtley, another pharmacy technician, works at the front register. The nearby Safeway supermarket has agreed to take the prescriptions of all customers as well as hire all of the independent pharmacy’s employees, according to the co-owners who are retiring. (Mark Sabbatini / Juneau Empire)
Ron’s Apothecary Shoppe closing after nearly 50 years as co-owners retire; last day is Dec. 6

Safeway taking over all prescriptions and offering jobs to all employees, according to owners.

Attendees at the Friends of NRA — Juneau’s banquet in 2019 talk near auction tables at Centennial Hall. The fundraising event is resuming Saturday after a four-year COVID-19 disruption. (Photo courtesy of Friends of NRA — Juneau)
Friends of NRA — Juneau fundraising banquet returns Saturday after four-year pandemic absence

New Zealand hunting safari, signed Ted Nugent guitar among items being offered.

Wade Bryson, a Juneau Assembly member, explains why he favors giving local businesses a “sales tax holiday” for at least one day next year, targeting Feb. 29 as a suitable date, during the Assembly’s Finance Committee meeting Wednesday night. The committee voted to hold onto the proposal for further study rather than sending it to the full Assembly. (Mark Sabbatini / Juneau Empire)
A local sales tax holiday? Don’t pack your shopping bags yet

Proposal to waive taxes for a day or two each year isn’t a quick sale to most Assembly members

(Michael Penn / Juneau Empire file photo)
Police calls for Tuesday, Nov. 28, 2023

This report contains public information from law enforcement and public safety agencies.

Choir members rehearse Tuesday night for a Bach holiday concert at Ḵunéix̱ Hídi Northern Light United Church. (Mark Sabbatini / Juneau Empire)
Quartet of Bach compositions joins lineup of local large-ensemble performances this season

Concerts this weekend part of resurging “wealth of riches” by choruses and orchestras, director says.

Most Read