Governor Glenn Youngkin Signs Bill to Prosecute Fentanyl Dealers for Overdose Deaths

Bill Makes a New Crime to Distribute a Controlled Substance Containing Fentanyl that Results in a Death

HANOVER, VA – Today, Governor Glenn Youngkin ceremonially signed SB 746, patroned by Senator Ryan McDougle, which creates a new crime of involuntary manslaughter for knowingly manufacturing, selling or distributing drugs that contain fentanyl, the sale of which results in another person’s death.

“Today, we take a crucial step in addressing the fentanyl crisis in Virginia. Fentanyl dealers should be held accountable for the lives they take and the families and communities they destroy,” said Governor Glenn Youngkin. “Through our comprehensive approach, Virginia is leading the nation in reducing drug overdoses and fentanyl deaths, which have dropped by 44 percent year-over-year. I am proud to sign this commonsense bill into law which brings dealers to justice and protects Virginia’s families.”

“This legislation builds on a multi-faceted approach to reducing opioid use and fentanyl poisoning,” said First Lady Suzanne S. Youngkin. “Through the It Only Takes One fentanyl awareness initiative and the advocacy of Fentanyl Family Ambassadors, we are sparking conversations and saving lives.”

“Fentanyl has devastated too many Virginia families. If you knowingly distribute fentanyl and it costs someone their life, you will be held accountable. I’m grateful to Governor Youngkin and the General Assembly for giving law enforcement the tools to fight back against the scourge of fentanyl,” said Attorney General Jason Miyares.

“Fighting to lock up drug dealers who kill Virginians with deadly fentanyl has been a top priority, and we’ve spent countless hours over multiple General Assembly sessions pushing to get it done. I’m proud to stand shoulder to shoulder with Governor Youngkin and Attorney General Miyares as we take this decisive step forward. SB 746 is a major victory, but the fight isn’t over. I’ll keep leading the charge to deliver even tougher penalties and protect every corner of our Commonwealth,” said Senator Ryan McDougle.

To reverse the trend of rising overdose deaths, the Youngkin Administration has taken a comprehensive approach built on four pillars:

Interrupt the drug trade;
Enhance penalties for drug dealers;
Educate people about the dangers of fentanyl; and
Equip them to save the life of someone in crisis.

Background on our Comprehensive Effort to Combat Fentanyl Crisis

1. Interrupt the Drug Trade and Give Law Enforcement More Tools: Operation FREE, an aggressive law enforcement partnership between federal, state, and local agencies to crack down on the drug trade (Note- numbers are Virginia specific):

Fentanyl Seized: 794.51 lbs
Approximate Number of Fatal Overdoses: 85,044,424
Number of Pills that can be Produced: 112,688,470
Total Street Value of Pills: $3,944,096,449
Total Arrests: 2,579
Total Illicit Narcotics Recovered: 70,254 lbs
Total Prescription Medication Taken Back: 50,240 lbs

2. Enhance Penalties & Enforcement

Banning Pill Presses – SB 469 (Obenshain) – Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance.
School Connected Overdoses – Executive Order 28, SB 1240 (Sturtevant), HB 2774 (Singh, Higgins, Coyner) – Requires public school principals and heads of private schools in the Commonwealth to report certain information to the parents of enrolled students within 24 hours of a confirmed or suspected school-connected student overdose.
New Felony Charge for Drug Dealers Connected to Fatal Overdose – SB 746 (McDougle, DeSteph), HB 2657 (Thomas)- Provides that any person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, and unintentionally causes the death of another person is guilty of involuntary manslaughter if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death.
Defining Fentanyl as “Weapon of Terrorism” – SB 1188 (Reeves) HB 1682 (Wyatt) – Includes any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, as a weapon of terrorism for the purpose of defining terrorism offenses.

3. Educating: It Only Takes One (IOTO) – a comprehensive education and engagement initiative to give parents, family members, educators, and caretakers the knowledge they need to warn their loved ones about the dangers of fentanyl.

100 Individuals in Fentanyl Families Ambassadors Program.
Hosted IOTO and REVIVE training events in targeted areas like Richmond City, Norfolk, Fairfax County, Virginia Beach, Henrico County, Portsmouth, Chesterfield County, Newport News, Prince William County, Hopewell, and Petersburg.

4. Equipping: Right Help, Right Now REVIVE! Training – a program to increase the availability of life-saving naloxone and provide trainings to as many Virginians as possible on how to use it to save the life of someone experiencing an overdose.

Since July 2022, the Virginia Department of Health has distributed 388,584 doses of naloxone.
96,818 people trained by the Department of Behavioral Health and Developmental Services, and over 41,350 doses of naloxone distributed to trained individuals.
Over 300 REVIVE! Trainers trained – so they can go train other people.