Summary
SB 432 would make furnishing fentanyl to a minor a serious felony, meaning an individual found guilty of this crime would not be eligible for plea bargaining or probation, and the person could receive a 5-year enhancement in the future.
Background
In California, dealing heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drugs to a minor is a felony with severe consequences under the state’s “three strikes law.” Penalties for furnishing most drugs to minors are distinct from those involving adults, reflecting California's commitment to protecting youth from drug-related harm.
Fentanyl is easily producible and a hundred times more potent than morphine. Over the last 20 years, drug-induced deaths among those 15 to 35 years of age have increased sixfold. In 2021, fentanyl and synthetic opioids were involved in 80 percent of drug-induced deaths of those 14 to 23 years of age. The risks of overdoses among school-age children has led school districts across the state to have overdose treatment medication like naloxone readily available.
The risks posed to school age children comes from pills disguised as Adderall, oxycodone, and Xanax. DEA laboratory testing indicates that half of the confiscated pills tested in 2024 contained a potentially lethal dose of fentanyl. The most recent data on total seizures of fentanyl is 390 million lethal doses in 2023 alone. With the risk to school-aged children more prevalent than ever, it is crucial that fentanyl is treated as a serious threat to children like other drugs.
Proposal
SB 432 will ensure that any individual who knowingly deals fentanyl to a minor can be convicted of a serious felony.