NEWS

Amid overdose rash, officials urge fentanyl crackdown

Elizabeth Murray
Free Press Staff Writer
Burlington Mayor Miro Weinberger speaks at a news conference at City Hall on Wednesday, April 26, 2017, about a bill being considered in the legislature that would create penalties for fentanyl possession or distribution.

After 19 mostly non-fatal opiate overdoses within two weeks earlier this month, Burlington Mayor Miro Weinberger and local law enforcement officials at a news conference on Wednesday said the state needs to change its laws to crack down on fentanyl dealers.

Burlington Police Chief Brandon del Pozo said police often respond to between four and eight overdoses within a two-week span. Two overdoses in the past month have been fatal.

Fentanyl is about 25 to 50 times more potent than heroin, depending on the heroin's purity, but fentanyl is being sought more regularly since addicts want to achieve a greater high, del Pozo said. Fentanyl-laced heroin is also cheaper for drug dealers to manufacture and sell at a high price.

"A few grains of sand of fentanyl in a dose is enough to send somebody into a fatal overdose," del Pozo said. "Too few, and people will accuse the drug dealer of not giving them the high that they're after."

A bill in the legislature, S.22, had proposed creating penalties for fentanyl possession and distribution, including creating felony charges, but the House Judiciary Committee recommended last week that the issue be put on hold for further study. The Senate and House are still considering amendments.  If the bill in its current state were to pass, the Office of Legislative Council would be charged with reporting back by Nov. 15 with findings about alternatives to the traditional criminal justice model regarding drug offenses.

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Weinberger, Chittenden County State's Attorney Sarah George, and representatives from Chittenden County police departments and the Vermont State Police urged the legislature to reconsider before the end of the session.

From left, Vermont State Police Lt. Garry Scott, South Burlington Police Chief Trevor Whipple, Winooski Police Lt. Michael Cram, Chittenden County State's Attorney Sarah George, Vermont State Police Maj. Glenn Hall and Burlington Mayor Miro Weinberger listen to Burlington Police Chief Brandon del Pozo speak in favor of legislation creating penalties for fentanyl possession and distribution.

"We don't need further study to know that fentanyl is dangerous, to know that it's doing great damage in our communities," Weinberger said. "This is a crisis. We need action. We need the Legislature to take steps that give our prosecutors and police new abilities to stand up against those who are trafficking fentanyl ... in our communities."

Critics of the bill have said the legislation would not provide a proportional response  because fentanyl potency testing in the drug samples is not possible and the law could continue to incarcerate addicts. The original version of the bill proposed charging by amount of fentanyl recovered.

Burlington Police Chief Brandon del Pozo speaks at a news conference at City Hall on Wednesday, April 26, 2017, about a bill being considered in the legislature that would create penalties for fentanyl possession or distribution.

In an emailed statement, Howard Center CEO Bob Bick said, "We appreciate that everyone is working to find solutions to minimize the harm opiates are causing to individuals, families, and our community. We view the current epidemic as primarily a health issue and do not believe that enhanced legal sanctions will be helpful."

George said the legislation would be used to target drug dealers and not addicts. She said currently, police have to rely on the presence of heroin or other unregulated drugs to warrant a more serious charge. These cases would also often be sent to federal prosecutors instead, but George said the U.S. Attorney's Office does not take all drug cases involving fentanyl. Fentanyl legislation, George said, would put the state in position to bring charges when dealers are trafficking solely in fentanyl.

"By increasing the penalties for the trafficking and sale of fentanyl, it allows ... our laws to accurately reflect what we're seeing in our community," George said. "We are solely focused on the people who are knowingly distributing and selling fentanyl."

Chittenden County State's Attorney Sarah George speaks at a news conference at City Hall on Wednesday, April 26, 2017, about a bill being considered in the legislature that would create penalties for fentanyl possession or distribution.

Even though fentanyl has been present in Vermont, the state is behind the curve in having fentanyl saturate the statewide drug market. However, del Pozo and Vermont State Police Maj. Glenn Hall both said the state is seeing a sizable uptick. Other New England states, such as New Hampshire, have felt the effects of the drug. Del Pozo said that last year, New Hampshire saw 198 deaths from fentanyl, and three deaths from heroin. Others died from a combination of the drugs.

Gov. Phil Scott said Wednesday at a news conference in Montpelier that he supported the Senate's version of the bill containing the fentanyl penalties.

“This is a really dangerous, dangerous drug that’s been introduced into society. We’re hearing about it all over," Scott said. "This is a big deal, and it’s affecting all of us.”

He added, “I think the Senate has it right.”

Contributing: April McCullum, Free Press Staff Writer. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.