Lawmakers in the Virginia House of Representatives and Senate passed a law stating that any substance or mixture containing a detectable amount of fentanyl is considered a "weapon of terrorism." This initiative increases the penalties to be faced by any person who knowingly and intentionally manufactures or distributes it. The law now goes to Governor Glenn Youngkin 's desk for his signature.
Under the new ruling, anyone who "knowingly and intentionally" manufactures or distributes a substance with a detectable amount of fentanyl will be guilty of a Class 4 felony - which carries a jail sentence of two to 10 years, and a fine of up to $100,000. To this charge would be added the felony charge associated with the distribution of a Schedule I or Schedule II drug, punishable by a sentence of up to 40 years.
"Another battle won against fentanyl"
The measure was championed by Republican Senator Bryce Reeves, whose daughter lost her fiancé to a fentanyl overdose. "This has affected more families than you can imagine. I'm tired of seeing people die," Reeves said. The congressman celebrated the victory of his proposal with a publication on Twitter in which he repeats a quote from the Epistle to the Romans and emphasizes that this is "another battle won in the fight against fentanyl."
"So then let us cast off the works of darkness and put on the armor of light" Romans 13:12 One more battle won in the fight against Fentanyl 🙏🇺🇸 #brycereeves #resultsnotrhetoric #jasonmiyares pic.twitter.com/PJ2RCB4Sxl
— Bryce Reeves (@ReevesVA) February 24, 2023
The rule went forward despite the reluctance of some Democratic state congressmen. At first, several blue legislators were concerned that this bill could end up targeting users and addicts. Senator Joe Morrissey (who voted "no" in the end) lamented that the law, as it stood, "would capture too many people we don't want to capture." Therefore, "knowingly and intentionally" was added to the initial wording, which included penalties for individuals who give or distribute a "weapon of terrorism".
Finally, the bill was approved in the House of Representatives by a vote of 50 in favor to 42 against. The approval was even more obvious in the Senate, where it was rejected by only five legislators and obtained the support of 35.
"Weapon of Terrorism"
With the new legislation passed, in Virginia, the definition of a terrorist weapon is as follows:
Weapon of terrorism" means any device or material that is designed, intended or used to cause death, bodily injury or serious bodily harm, through the release, dissemination, or impact of (i) poisonous chemicals; (ii) an infectious biological substance; or (iii) release of radiation or radioactivity. "Weapon of terrorism" also means any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, as described in Schedule II of the Drug Control Act (§ 54.1-3400 et seq.), except as authorized in the Drug Control Act.
