ARKANSAS, USA — One of the new Arkansas laws taking effect at the beginning of next month is Act 739— which creates the criminal offense of knowingly exposing another person to fentanyl.
Bill sponsor Representative Jimmy Gazaway (R) said he created this bill to catch certain conduct that the Fentanyl Enforcement and Accountability Act doesn't. The Fentanyl Enforcement and Accountability Act was a law criminalizing anyone who delivered fentanyl and caused death, practically making it a homicide offense where the person could face life in prison.
5NEWS spoke with Gazaway who said this new law will benefit the community tremendously.
"I think that it will help the community because you want the word to get around to people who deal in these substances that it's not worth it. The risk has to outweigh the reward. And you know, there are some very serious criminal penalties attached to anyone who's dealing in this extremely deadly substance, fentanyl is essentially poison," Gazaway said.
Starting August 1, it will be against the law to knowingly give someone fentanyl, however, it has to be clear that the person knows the substance is fentanyl.
"This bill addresses an instance where a person exposes another person to fentanyl and that exposure causes a person to suffer serious physical injury—basically permanent and serious injuries," Gazaway said. "And if that happens, that's a Class Y felony under the new law that carries up to 10 to 40 or life in prison."
Gazaway says he believes it's one of the strongest laws in the country for fentanyl.
"If you look at the statistics from the Arkansas State Crime Lab, fentanyl now causes more overdose deaths in Arkansas than any other substance," he said.
According to the Arkansas State Crime Lab's report on drug overdose deaths, in 2014 there were only 3 fentanyl deaths compared to 29 methamphetamine deaths. In 2021, that number jumped to 282 fentanyl deaths and 238 methamphetamine deaths.
Local nonprofit NWA Harm Reduction founder Brittany Kelly is against the new law, saying it'll completely change things.
"This is going to affect the Joshua Ashley-Pauley Act that protects you from minor charges if your friend is overdosing to call for help because if they die, you're now going to be a felon. And no one's gonna want to call because they don't want to be a felon," Kelly said.
The Joshua Ashley-Pauley Act was a law passed in 2015 which grants immunity to anyone seeking medical assistance in good faith while they or someone else is experiencing a drug overdose. Immunity is only granted if the arrest or charge resulted only in the person seeking medical assistance.
The new law going into effect next month hits close to home for Kelly after her brother passed in 2017 from an accidental overdose.
"If my brother were still alive and this law passed... I'd be terrified. He was sober for a good while before he passed— when he relapsed— but if you were still using today almost every drug you're using has fentanyl in it," Kelly said.
After August 1, someone can be convicted of a felony in Arkansas if they knowingly expose someone to fentanyl and in response, that person suffers physical injury.
If the person who is injured due to fentanyl exposure is a first responder or an employee of a correctional facility, the charge becomes a Class Y felony, which carries a harsher sentence.
- Class Y felony: Carries a minimum sentence of ten years with a maximum of 40 years to life.
- Class A felony: Carries a minimum sentence of six years with a maximum of 30 years.
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