Fentanyl Deaths Skyrocket, Policy Responses Vary

An article by Joe Nelson of The Press-Enterprise from last week, highlights a few of the policy responses by California counties in regards to fentanyl-related overdoses. Mike Hestrin, district attorney of Riverside County explained, “In the last five years, the number of fentanyl deaths has doubled every year.” This increase is alarming, and is cause for immediate action to punish the drug dealers that are selling this lethal drug with the knowledge that it is deadly.  “During a Feb. 22 press conference, Hestrin announced Riverside County’s first Fentanyl-related murder charge…[for a man] who in October allegedly sold Fentanyl-spiked drugs to [an] 18 year old.” Hestrin is responding to the spike in deaths by attempting to deter the sale of drugs containing Fentanyl by charging the sellers with murder if an individual has a fatal overdose due to the ingestion of the drug. 

The utilization of murder charges for Fentanyl overdoses may be applicable under People v. Watson, a 1981 California Supreme Court decision whcih held that a person driving under the influence can be charged and convicted of murder if the driver acted with ‘implied malice’.  Hestrin is utilizing what resources and case law available to him to ensure he is holding drug dealers accountable for the damage they cause and victims they murder. In contrast, George Gascón, district attorney of Los Angeles County has refused to comment about what he plans to do to address the Fentanyl deaths in his county. According to the article, “From 2017 to 2020, fentanyl-related deaths increased more than 240% in Los Angles County, 505% in Orange County, 808% in Riverside County, and 960% in San Bernardino County.” It is evident by this spike in deaths, there must be a strong policy response to battle this tragic trend. Considering the above clear rise in fentanyl related deaths in Los Angeles County, Gascón must respond with the urgency the victims and their families deserve. Unfortunately for Los Angeles County, keeping Gascón’s approaches to punishment in mind, it is not likely he will instruct his attorneys to charge these dealers with murder and hold them accountable for ‘implied malice’.