Jan. 14—Leading House and Senate Republicans returned Tuesday with legislative plans to create minimum mandatory prison terms for drug dealing that causes the death of another and for possession of deadly fentanyl, hoping Gov. Kelly Ayotte’s support can help make the penal reform a reality.
Manchester Mayor Jay Ruais added his voice of support and gave lead testimony to the Senate Judiciary Committee on the following bills:
—Possession of fentanyl (SB 14): Anyone with five grams of fentanyl would face a minimum mandatory prison term of 3 1/2 years in state prison; this would go up to a 7-year minimum for anyone caught with at least 28 grams.
—Causing the death of another (SB 15): The bill would create a minimum 10-year term for someone who “knowingly” sold illegal drugs to another that caused that person’s death.
“The ripple effect fentanyl had on children, families and neighborhoods cannot be understated; it has been devastating,” Ruais said. “Even one life lost is too many. The good news is we are fighting back and with help from legislative efforts like SB 14 and SB 15, we will make even more gains.”
During an interview, Ayotte said she was surprised during her campaign to learn the state’s criminal penalties for some drug crimes were weaker than some other states in the region.
“We used to be one of the toughest and we have to get out there and send the message to dealers that you shouldn’t come to New Hampshire because there will be grave consequences if you do,” Ayotte said.
Opposition to bills
Leaders in the public health advocacy and criminal defense bar opposed both bills.
They point to the declining rate of fatal overdoses as proof that there is no need to impose minimum mandatory laws.
Jake Berry, vice president of policy with New Futures, said the Department of Justice reports the state is on track to record 284 fatal overdoses last year, nearly 150 less than the previous year and 200 less than the high point of the opioid epidemic in 2017.
“Nationwide data shows that mandatory minimums like those proposed in these two bills do little to deter drug activity and reduce rates of drug use, overdose deaths, or drug arrests, frequently lead to higher rates of incarceration, at a higher cost to taxpayers, all while widening racial disparities within our criminal justice system,” Berry said.
Melissa Davis, a former public defender speaking for the New Hampshire Association of Criminal Defense Lawyers, said amounts as low as five grams of fentanyl could be for personal use, not for drug dealing.
Republicans have expanded majorities in the Legislature, but supporters still must win over the House of Representatives that has often opposed minimum mandatory bills.
A year ago, then-Gov. Chris Sununu supported these two ideas that cleared the Senate.
The House last spring voted, 340-24 to block the fentanyl bill’s passage by placing it on the table and sent the other one off to study.
klandrigan@unionleader.com