Gov. Kim Reynolds signs law to crack down on Iowa's fentanyl epidemic. Here's what it will do:
ATLANTIC, Ia. — Iowa will impose stronger sentences for manufacturing, delivering or possessing fentanyl under a law signed Tuesday by Gov. Kim Reynolds.
The law also increases criminal penalties for drug offenses involving a minor or leading to injury or death.
"This poison — and that’s what it is, poison — is fueling addiction, death and chaos," Reynolds said.
Reynolds and Attorney General Brenna Bird, both Republicans, advocated for stronger fentanyl sentences in January, when the legislative session began. Lawmakers combined their proposals into House File 595, which passed both chambers with bipartisan support.
"Drug dealers who kill and poison with overdoses will be punished when this law is signed today,” Bird said.
Here's what we know about the new law and why it was passed:
Is Iowa seeing an increase in overdose deaths, including fentanyl?
A May 2023 report from the Centers for Disease Control found that nearly 70,000 people nationwide died of a drug overdose death involving fentanyl in 2021. That's more than triple the number of people who overdosed on fentanyl in 2016.
Iowa saw 498 drug overdose deaths between November 2021 and November 2022, according to the most recent state-specific data available from the CDC. Of those, 223 involved a synthetic opioid.
Drug overdose deaths have increased over the past several years in Iowa. Overdose deaths jumped nearly 20% in 2020, as fentanyl became more prevalent and the COVID pandemic compounded people's anxiety and isolated them from addiction treatment services.
More: A Des Moines woman died from fentanyl bought on Snapchat. Her parents are suing the app.
What kind of sentences could Iowans receive for manufacturing or delivering fentanyl?
The law will strengthen the penalties for manufacturing, delivering or possessing certain amounts of fentanyl.
A crime involving more than 50 grams of a fentanyl-related substance would be punishable by up to a 50-year prison sentence and a fine of up to $1 million.
Between 5 and 50 grams of a fentanyl-related substance would be punishable by up to a 25-year prison sentence and a fine of $5,000 to $100,000.
Fewer than 5 grams of a fentanyl-related substance would be punishable by up to a 10-year prison sentence and a fine of $1,000 to $50,000.
The law will also boost penalties for offenses related to other drugs, not just fentanyl, if someone is killed or injured, or if a minor is involved.
Someone who causes the death of another person by committing a controlled substance violation would be sentenced to three times the prison term specified for other violations of the law, with no option for a deferred or suspended sentence.
Someone who causes a serious bodily injury to another person would be sentenced to two times the specified prison term, with no option for a deferred or suspended sentence.
An adult who manufactures an illegal substance in the presence of a minor or delivers a controlled substance to a minor would also face twice the prison term laid out in the law.
More: Which bills passed — and which didn't — in the 2023 Iowa Legislature. Here's the rundown:
What about treatments to reverse drug overdoses?
The law will make it easier for more people to obtain and administer opioid overdose reversal drugs like naloxone.
Health care providers and pharmacists would be able to provide opioid overdose reversal drugs to law enforcement agencies, fire department emergency medical services programs, school districts, behavioral health providers, county health departments and the Department of Health and Human Services.
It would also allow family members, friends, caregivers, community-based organizations, health care providers, school employees, substance abuse treatment facility employees and first responders to administer the drug and would shield them from liability for any injuries if they acted in good faith.
The U.S. Food and Drug Administration announced March 29 that it was making Narcan, a naloxone nasal spray, available over the counter without a prescription.
What are Iowa's members of Congress doing about fentanyl?
Iowa U.S. Sen. Joni Ernst introduced legislation Tuesday that would classify fentanyl trafficking as a "national security threat" and direct the Pentagon to develop a counter-drug strategy specific to fentanyl.
Ernst said she hopes the legislation, which is co-sponsored by a Democrat in U.S. Sen. Tim Kaine of Virginia and a bipartisan pair of House members, will be included in the National Defense Authorization Act "for passage this year."
She said she was "very glad" to see Reynolds sign increased penalties for fentanyl, and argued her bill would allow intelligence sharing and training to trickle down to local law enforcement in Iowa and elsewhere.
Where is all the fentanyl coming from?
Republicans have tied the surge in fentanyl to an increase in illegal border crossings, which Democrats have argued is misinformation that conflates migrants seeking asylum with an influx of drug trafficking.
Reynolds repeatedly pointed to the southern border as the source of the fentanyl influx, criticizing President Joe Biden for providing inadequate protections against human trafficking and drug trafficking.
Border Patrol and the Drug Enforcement Administration officials say the majority of fentanyl is trafficked through legal ports of entry by U.S. citizens and is manufactured in China and Mexico.
Ernst acknowledged that "a large quantity of the fentanyl does come through ports of entry," and said she was "pushing the administration on greater resources" to address the flow of the drug through those legal checkpoints. She pointed to the end of Title 42 and a new policy approach to the southern border from the White House as a reason why ports of entry need to be "scrutinized heavily."
More: Rekha Basu: Fentanyl magnifies drug risks with 'no way to know what you're taking is fatal'
Iowa raises criminal penalties for human trafficking
Iowa will impose steeper penalties for human trafficking under another law Reynolds signed Tuesday.
House File 630 increases the sentence for human trafficking from a Class “D” felony to a Class “B” felony, with a maximum of 25 years in prison.
If the victim is under the age of 18, human trafficking would be punishable by a life sentence.
“Human trafficking is a vile form of modern-day slavery and in Iowa, we won’t tolerate it,” Reynolds said in a statement.
Reynolds also signed Senate File 513, which transfers the duties of motor vehicle enforcement — such as regulating the size and weight of commercial trucks — to the Department of Public Safety, instead of the Department of Transportation.
Katie Akin is a politics reporter for the Register. Reach her at [email protected]. Follow her on Twitter at @katie_akin.
Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.
This article originally appeared on Des Moines Register: Iowa increases criminal penalties for fentanyl amid rising overdoses