A new bill was signed into law in Arizona last month dramatically increasing the sentence for trafficking in fentanyl. Known as the Ashley Dunn Act, it was named for a young woman who died from fentanyl poisoning several years ago. The law goes into effect this summer.
The bill is rather simple. It increases mandatory minimum sentences for high volume fentanyl traffickers. Under the new law, a conviction for trafficking involving over 200 grams of the drug will lead to a minimum sentence of 5 to 10 years in prison. Repeat offenders will be looking at a sentence of 10 to 20 years in prison.
While we would all like to find a solution to the drug problem, including those related to fentanyl, we also believe that we should be reasonably confident that the measures we take will have the intended effect. A look at the results under federal law suggests that the effectiveness of higher sentences in the past has been, at best, minimal.
In a study by the Pew Charitable Trust, the researchers examined the effectiveness of increased federal penalties for drug crimes over a period of dozens of years beginning in the 1980’s. The study concluded that the increase in the penalties over that period has not led to a decrease in either drug use or recidivism. The most significant result of these “get tough” laws has been the dramatic increase in the prison population in the United States. In that regard, it is estimated that well over half of the prison population has some form of active drug disorder, and that over 40% of those incarcerated for drug crimes were rearrested after serving a drug-related sentence.
While we understand the urge to combat illegal drug use, the sentencing “solution” simply has not worked in the past, and we have seen nothing that suggests it will work in the future.
Law Offices of David A. Black
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