Rubio, Gonzales Introduce Legislation to Punish Distributing Deadly Fentanyl as Felony Murder

Rita LiSeptember 16, 2022

Sen. Marco Rubio (R-Fla.) and Rep. Tony Gonzales (R-Texas) introduced legislation on Thursday that makes the distribution of fentanyl resulting in death punishable by federal felony murder charges.

This comes as the crisis on the southern border continues to plague the country under the Biden administration.

Known as the Felony Murder for Deadly Fentanyl Distribution Act (pdf), the bill amends the U.S. code, to punish the distribution of fentanyl resulting in death as felony murder. Such an offense is equivalent to premeditated murder.

“Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life,” reads the bill.

The bill comes as the synthetic opioid becomes the leading cause of overdose death among Americans aged 18-45 and as drug dealers increasingly target children and young people with candy-colored, yet potentially deadly fentanyl pills. The highly addictive pain killer is up to 50 times more potent than heroin, as just 2 milligrams can be fatal depending on a person’s body size, tolerance, and past usage.

According to the Centers for Disease Control and Prevention, fentanyl overdoses accounted for over 71,000 death in 2021, up from about 58,000 in 2020, with an even sharper increase expected in 2022.

“The Faces of Fentanyl” wall, which displays photos of Americans who died from a fentanyl overdose, at the Drug Enforcement Administration (DEA) headquarters in Arlington, Va., on July 13, 2022. (Agnes Bun/AFP via Getty Images)

“Fentanyl is killing Americans at a record high. This deadly drug is widespread throughout our country and has left no community untouched. This bill would make drug dealers pay the price for selling deadly fentanyl,” Rubio said in a Sept. 15 press release.

On that same day in Los Angeles, a 15-year-old boy was arrested on suspicion of manslaughter for allegedly