South Dakota's death by distribution law could soon include a penalty for fentanyl
PIERRE — Drug dealers who sell fentanyl, or drugs laced with the potent synthetic opioid, that then results in a drug user’s death could be impacted by an update to South Dakota’s “death by distribution” law after a House Judiciary committee vote Friday.
SB 6 creates a new section for distribution deaths linked to fentanyl, and if the dealer knew the substance was fentanyl, to become a class one felony. Someone found guilty would be served a sentence of up to 50 years in prison.
Rep. Brian Mulder, R-Sioux Falls, said he had received communication during the summer from a constituent who had lost a daughter to a fentanyl overdose and she was asking what laws the state had against fentanyl.
“This bill is necessary because our penalties need to match the intent of what these dealers and distributors are doing,” he said.
Fentanyl overdoses and arrests continue to rise across the nation. Attorney General Marty Jackley told senators during an informational hearing earlier in session that there had been 88 fentanyl-related arrests and an average of 10 pounds of fentanyl seized in South Dakota in 2022.
More: Fact check: Experts say passive exposure to fentanyl impossible
The amount is enough to kill the population of South Dakota several times over, Jackley said.
SB 6 could also help slow down the number of fentanyl-related drug overdose deaths, Sen. David Wheeler, R-Huron, said.
“(It's) singling out fentanyl for tougher prosecution if you cause someone to die because of it,” Wheeler said.
Wheeler reiterated that death by distribution is already on the books in South Dakota after opposition testimony raised concerns about the drug dealer not having the intent to kill, since that was the result of the drug use.
SB 6 was approved by the House Judiciary committee with a vote of 10-1 and now heads to the House floor.
This article originally appeared on Sioux Falls Argus Leader: Fentanyl could soon be included in SD death by distribution law
