Drug dealers could be charged with murder under Virginia’s new fentanyl plan

Virginia Republicans announced their top legislative priorities for the new year, with reducing fentanyl deaths among them.

Under current case law, it’s difficult to charge a drug dealer with the murder of a user who died from the fentanyl he bought unless he was close to that dealer, according to GOP lawmakers.

State Senate Minority Leader Ryan McDougle, R-New Kent, told Fox News Digital on Tuesday that Virginia hopes to address this legislative inadequacy.

“This (law) would say if you’re selling the drug, it doesn’t matter if you’re in physical proximity,” he said.

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McDougle and Senate Republican Caucus Leader Mark Obenshain are leading the effort.

Fox News Digital reached out to Obenshain, of Harrisonburg, for additional comment.

However, in a related press conferenceObenshain said that while people “are dying in every corner of Virginia, from every socioeconomic background, that means there are people out there selling this poison.”

A pair of special Senate elections were scheduled for Tuesday to determine whether Republicans will have a slight late majority in the chamber this term, as Democrats currently hold it by one seat.

Voters went to the polls in both Loudoun County and a swath of redder counties, including Buckingham, Fluvanna and Goochland.

On Wednesday, several outlets projected that Democrats would hold on to their slim one-seat majority, requiring a liberal to side with McDougle and Obenshain on their anti-fentanyl proposal.

In 2022, the Old Dominion ranked 14th among states for total fentanyl-related deaths, with 1,973 fatalities, and ranked near the national average in terms of per capita death rate, according to data from the CDC.

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By comparison, neighboring West Virginia leads the nation in deaths from fentanyl per capita, but total deaths were 1,084, less than Virginia.

Seven out of 10 pills seized by the DEA contain a lethal dose of fentanyl, according to OnePillCanKill Virginia.

A representative for Governor Glenn Youngkin said he believes the prosecution of fentanyl traffickers should receive bipartisan support:

“As Governor Youngkin has said time and time again, anyone who knowingly and intentionally distributes fentanyl should be charged and prosecuted to the fullest extent of the law,” spokesman Christian Martinez told Fox News Digital.

“We can’t continue to let manufacturers and dealers get away with murder, and it’s time for Democratic lawmakers to stand with the victims’ families over the manufacturers and dealers of fentanyl.”

In April, Youngkin signed Obenshain’s previous fentanyl-related bill, SB 469, which made the illegal possession, purchase or sale of encapsulation machines for the purpose of producing illicit drugs a class 6 felony.

It also imposed criminal penalties on subjects who permit the presence of a minor or mentally disabled person during the manufacture of any substance containing fentanyl.

Virginia Attorney General Jason Miyares previously said an average of five people die each day from fentanyl overdoses across the state.

“By enhancing penalties and criminalizing the possession and use of machines to produce counterfeit drugs, we are giving law enforcement the tools they need to hold drug dealers accountable for poisoning our communities,” Miyares said.

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After her husband signed the 2023 legislation, Virginia First Lady Suzanne Youngkin said there is “nothing more important” than protecting Virginia’s families and communities. “I applaud all the people working hard to fight the spread of this illegal drug that has taken the lives of too many people in Virginia,” he said.

Virginia Republicans also indicated this week that they will work to pass Youngkin’s December plan that lowers the tax on gratuities into law. The plan somewhat mirrors President-elect Donald Trump’s “No tax on tips” campaign promise.

“Hard-working Virginians deserve to keep the tips they earn for their service,” McDougle said. “Governor Youngkin’s inclusion of this policy in the budget is an important step in our support of Virginia workers, and we are proud to introduce the bill to include it in the Code of Virginia.”

McDougle said Tuesday that the chamber will also pursue a ban on transgender women competing in women’s and girls’ sports.