Kentucky Weighs Stiffer Fentanyl Penalties Amid Doubts Over Effectiveness

Kentucky lawmakers are considering a bill that would increase criminal penalties for fentanyl distribution, but critics say the legislation will only result in people being locked up for longer amounts of time and doesn’t include any measures to address the state’s overdose crisis, reports LEO Weekly. The bill would require individuals convicted of aggravated trafficking or importing of fentanyl to serve at least 85 percent of their sentence before being eligible for release and prohibiting pre-trial diversion.

Differentiating between importing and possession can be challenging, say experts, and could result in harsher sentences for people who use drugs but have never sold them. Research shows that as long as demand is high, incarcerating more people for selling drugs does not reduce the supply of drugs or make communities safer. Extending sentences for fentanyl also can potentially exacerbate racial disparities in the criminal justice system, with a 2020 report finding that 75 percent of people serving federal sentences for trafficking fentanyl were people of color. Under current Kentucky law — people who are convicted of aggravated trafficking of carfentanil, fentanyl, or fentanyl derivatives can be sentenced to between ten to 20 years in prison and must serve at least half of their sentence before being eligible for release.