It was a somber day in the Senate as lawmakers passed a bill that would increase penalties for drug-related offenses in what lawmakers are calling a “line in the sand” to keep manufacturers from distributing their illegal supplies in the state.
Senate Bill 196, now called Lauren’s Law, would increase the penalties for offenders found guilty of drug trafficking in West Virginia.
The bill is named in honor of a 26-year-old Morgantown native and West Virginia University (WVU) graduate who died after ingesting drugs laced with fentanyl. The bill passed with her parents present in the gallery.
Sen. Mike Stuart, R-Kanawha, said in his floor speech that the bill is designed to prevent crime and save lives by focusing on the manufacturing, possession with intent to deliver and delivery of six targeted drugs: fentanyl, methamphetamine, PCP, LSD, cocaine and heroin.
“This is a good bill that takes direct aim at the purveyors of death and of chaos, of destruction and of broken families,” Stuart said. “This is a good, strong bill that makes it clear what West Virginia stands (for).”
For the six targeted drugs, the penalty would be increased for the manufacture, delivery, possession with intent to deliver, transportation of drugs into West Virginia, and conspiracy to do any of the above. Other drug penalties are also increased, as well as limitations to probation authorization for certain offenders.
According to the lead sponsor of the bill, Sen. Mike Deeds, R-Greenbrier, the crime of simple possession is not affected by this bill, and neither are marijuana provisions. He told the chamber about a recent law enforcement operation and said this law would send a strong message.
“Just to put this in perspective for all of us, 12 pounds of uncut fentanyl has the potential to kill 2.7 million people,” Deeds said. “Our population in West Virginia is not quite 1.8 million citizens. It’s clear that we need to draw a line in the sand and say and protect our borders here in West Virginia, clear that every family, every child, every citizen of West Virginia has felt the impact of drug sales.”
The bill would change the state’s penalties to sentence offenders to decades in prison for trafficking the same amount of drugs that earned the offenders who sold Laura drugs laced with fentanyl in July 2020 15 years in prison under current law.
Anyone guilty of transporting one of the six listed substances into the state would also face stricter penalties if this law is enacted, up to 30 years for more than five grams of fentanyl.
Lauren’s father, Michael Cole, said his daughter earned her degree in social work from WVU to help people. After her death, her family opened a substance use disorder treatment facility in her honor, called Lauren’s Wish. He supports the increased penalties, saying the state needs to take a stand.
“We can’t actually stop or have an impact on the flow of drugs in the United States,” Cole said. “But what we can do is educate, choke out the demand, and make it so that they don’t want to be here to sell. And to do that you have to have stricter or harsher penalties. There have to be severe consequences for their actions. They know exactly what they’re doing. They’re targeting the United States. It’s a deliberate attack on our youth.”
Sen. Brian Helton, R-Fayette County and co-sponsor of the bill, said West Virginia currently is 50th in addiction rates, and has the highest overdose rates in the nation.
“Our citizens are being targeted by drug dealers that have no regard for human life,” he said.
Helton shared Lauren’s story on the Senate floor.
“From a very young age, she had a unique ability to make everyone around her feel special. She listened to what people were saying instead of listening just to respond. Her personality was pure and genuine. She was never uncomfortable being herself and making everyone else feel safe to be themselves.”
Helton said Lauren’s parents’ commitment to honoring her legacy in combatting the opioid epidemic made lawmakers decide to name the bill in her honor.
“We came up with a bill and we had met Michael and Cherri Cole at their Lauren’s Wish Center that was created on behalf of Lauren,” Helton said. “After that meeting, we decided as a group that, you know what, we needed to memorialize her life because she touched so many lives, and we need to reach out to all West Virginians to let them know what kind of people are behind this.”
The bill faced opposition from Sen. Joey Garcia, D-Marion, who acknowledged the importance of tackling the opioid epidemic in the hardest hit state in the nation but criticized the bill’s methodology on the Senate floor.
“I appreciate all the thoughts that have been shared today on the Senate floor about just this issue, which we’ve been facing for a long time, and there are parts of this bill that I think are very good, and I think especially the idea of basing punishments on the amount of weight and really focusing on those people that are bringing huge amounts,” Garcia said.
“But I also see some problems with this bill, and it’s hard when you hear a story that’s really about all the worst things that could happen to a parent. And there’s part of this bill that I don’t know, that I disagree with… because it’s all related to, in general, a lot of people who are caught under the first criminal penalties that are raised with intent to deliver.”
Garcia said he grew concerned after hearing from Kenny Matthews in the Senate’s Judiciary Committee. Garcia said Matthews, who is in recovery, would still be incarcerated today if the bill becomes law.
“We’re raising criminal penalties every single session, every single session, with the idea that there’s going to be this deterrence, and that deterrence is not getting over with people, these things don’t deter people,” Garcia said. “I think potentially, the amounts can, and I think that was well put in this legislation, but when it comes to this basic idea here, that people are just going to be in prison longer, sometimes that’s when the light turns on, and they can actually be a good tax paying citizen.”
Garcia also said the bill limits judges’ ability to use their discretion when sentencing by mandating a certain amount of jail time instead of having the option to send a defendant to a recovery program or home incarceration.
“Not all those people are pushing huge amounts of drugs onto this state,” Garcia said. “In fact, some of those people have a problem. Some of those people are in the midst of substance use disorder, and in many cases, the judicial system that we have, Mr. President, provides for a number of different individualized options. And the penalties right now, I think are, are absolutely sufficient.”
The bill passed with Garcia the only lawmaker to vote against it. It now heads to the House for their consideration.
