In 2014, Amanda Bennett’s mom died from a “hot shot,” which is a combination of fentanyl and morphine. She was 44.
A year later, Bennett started using herself.
“Every time I’ve overdosed, it was fentanyl,” Bennett said, elaborating that she’s now clean, and her 16-year-old is proud of her for it. “I could tell, but I did it anyway. It’s killing moms. It’s killing young people, old people.”
On Thursday, a new law takes effect in Kentucky targeting the traffickers who provide fentanyl to people like Bennett.
“Dalton’s Law” is named after Dalton Bishop, who died after taking fentanyl; it increases the minimum time served from 50 to 85 percent for those guilty of trafficking are eligible for probation, shock probation (when a judge orders a convicted offender to prison for a short time, and then suspends the remainder of the sentence in favor of probation), parole, or conditional discharge.
“I think any law that takes drug dealers off the streets for longer periods of time will help reduce and deter drug dealing, however, I don’t expect it to be a silver bullet,” said Kenton County Prosecutor Rob Sanders. “The irony is this law is ‘tougher’ on drug dealers only in that it requires them to actually serve more of the prison time our laws already call for, but it doesn’t actually increase the possible punishment.”
House Bill 215 was primarily sponsored by Rep.Chris Fugate (R-Chavies), who is a retired Kentucky State Trooper. He also served on the High-Intensity Drug Trafficking Areas Taskforce during his last 10 years on the force.
“Fentanyl is not just destroying lives. It is taking lives,” Fugate said. “The drug overdose rate is 56 percent higher than it has been in the year prior, and 71 percent of that is caused by fentanyl. The overdose death rate is higher because of fentanyl.”
There have to be consequences for those who traffic in these substances and put them into the rural and urban areas of Kentucky, Fugate said.
“House Bill 215 deals with enhancing sentencing for those that are trafficking in fentanyl,” said Sen. Jason Howell (R-Murray), elaborating that it would also make those found guilty ineligible for pretrial diversion. “For those of us involved in this area, fentanyl has become a new, big thing that we’re having to deal with from a drug standpoint.”
The first part of the legislation deals with importing carfentanil, fentanyl, or fentanyl derivatives into Kentucky. Those found guilty will be charged with a Class C Felony. This means they will not be eligible for pretrial diversion and must serve at least 85 percent of their sentence before being released on probation or parole. Another piece of the bill deals with aggravated trafficking, and if a person is found with more than 10 grams of fentanyl, they must serve 85 percent of their incarceration.
“There are dangers to not only the users but also innocent bystanders, EMTs, paramedics, firefighters, and police officers who respond to the scenes of drug overdoses,” Fugate said. “It must be prosecuted to the fullest extent, and House Bill 215 does just that.”
Sanders thinks the legislature should re-classify dealing fentanyl or carfentanil as a violent offense for parole purposes, because dealers still get the benefit of serving “good time.” This usually cuts their sentences in half, and nobody gets paroled on fentanyl or carfenanil cases because they usually end up serving out their time before they’re parole eligible.
“Fentanyl and carfentanil have exponentially increased overdose deaths in Northern Kentucky and beyond,” Sanders said. “Other drugs are certainly dangerous but these two are in a league of their own.”
The Northern Kentucky Drug Strike Force is a law enforcement co-op targeted at confiscating illegal narcotics and investigating drug traffickers. The group serves Boone, Campbell, and Kenton counties, as well as the Greater Cincinnati area.
Director Scott Hardcorn recently addressed the Boone County Fiscal Court with a report that shows fentanyl is the agency’s top concern.
“What most people think of with the opioid epidemic is heroin. That’s the first thing that comes to everybody’s mind,” Hardcorn said. “But contrary to popular belief, we’re not seeing much heroin on the street anymore. It has been replaced by the more potent and deadly fentanyl.”
A report of year-to-date drug seizures shows methamphetamine and fentanyl at the top of the list, and Hardcorn said they are playing a role in a more significant trend the Strike Force is seeing.
“The emerging trend that we’re seeing is counterfeit prescription pills – and that’s just not here in Northern Kentucky, that’s all across the country – and that’s very concerning,” the Strike Force director said. “These pills are being manufactured to make it look like they’re pharmaceutical-grade prescription pills, and they are not … Someone may take a pill they purchased on the street, thinking that they’re taking a Xanax or an Adderall, and when they actually consume it, they’re getting a lethal dose of fentanyl.”
A report from the National Institute on Drug Abuse shows overdose deaths related to synthetic opioids, primarily fentanyl, measured around 35,000 in 2019, and jumped to nearly 60,000 in 2020.
In Kenton County, fentanyl is second to methamphetamine in terms of case numbers, Sanders said.
“Fentanyl seems to be a little more cyclical as shipments arrive and then the supply dwindles whereas meth is constantly present,” Sanders said.
Bennett thinks it’s a really good idea that fentanyl traffickers will see increased jail time in Kentucky because, she said, it’s killing everybody.
“Fentanyl is no joke, and people don’t realize the potency of it compared to just the potency of heroin,” Bennett said. “If we get more of them [traffickers], then it will slow the trafficking of it down, which will hopefully lower the overdose deaths.”
