House to consider harsher penalty for fentanyl trafficking

A bill that would level harsher penalties on convicted fentanyl traffickers passed the House Judiciary Committee on Tuesday.

House Bill 791, sponsored by Rep. Courtenay Sprunger, R-Kalispell, would add a mandatory two-year minimum prison sentence to a conviction of distributing the synthetic opioid in Montana and extend the maximum sentence to 40 years. Felony criminal distribution of dangerous drugs currently is punishable by up to 25 years in Montana State Prison with no mandatory minimum.

Sprunger introduced the bill with the support of Attorney General Austin Knudsen.

“I think that we know that fentanyl is a scourge on our state and we must do something,” Sprunger said.

Were the bill to become law, those convicted of trafficking fentanyl would not be eligible for a suspended sentence or deferred imposition of sentence for the first two years. A convicted individual would remain ineligible for parole until after completing the two-year stint.

The proposed change would apply to anyone convicted of distributing fentanyl, carfentanil, sufentanil, alfentanil or any fentanyl derivative in quantities of upwards of 100 pills or more than 10 grams, regardless of whether the drug was cut with a diluting agent or filler.

According to the statistics compiled by the Montana State Crime Lab, there were 49 confirmed fentanyl overdose deaths in Montana in 2021. In 2022, officials saw 74 confirmed overdose deaths — a 51% increase.

Knudsen was the first to testify on behalf of the bill, describing it as another tool to crack down on fentanyl trafficking and use.

“... We are absolutely being overrun by fentanyl in Montana,” he told lawmakers.

Steve Crawford, chief of the Narcotics Bureau of the Montana Division of Criminal Investigation, testified to the increase in fentanyl seizures and overdoses in the state. Crawford called the piece of legislation a public safety bill as an increase in fentanyl in the state leads to an increase in overdose deaths.

“I think meteoric is an appropriate term for this,” Crawford said regarding the growing availability of fentanyl, adding that the data authorities have collected is limited.

Other proponents included representatives from the Montana Police Officers Association, Montana County Attorneys Association and Montana Police Protective Association.

The ACLU of Montana opposed the bill, citing the mandatory minimum sentence. Maggie Bornstein, who represented the group, requested the legislation receive a fiscal note owing to the likely increased cost for incarceration.

Hannah Pate, a community organizer with Montana Women Vote, also opposed the legislation, worrying about the potential misuse of mandatory minimums. Pate argued the bill would adversely affect lower income areas and communities of color.

Pate suggested that the state instead invest in other efforts, such as narcan distribution and expanding treatment options.

“This bill does not reduce supply or demand of dangerous opioids,” Pate said.

The bill passed through the committee with a vote of 14-5. One Republican voted against the bill: Rep. Caleb Hinkle, R-Belgrade. The rest of the no votes came from Democrats.

The bill is now on its way to the House floor for a final vote before transferring to the Senate.

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or 758-4459.