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Drug dealers could be charged with murder under Virginia’s new fentanyl plan


Republicans from Virginia announced their top legislative priorities for the new year, chief among them curbing deaths from fentanyl.

Under current case law, it’s difficult to charge a drug dealer with the murder of a user who died from the fentanyl they bought unless he was near the dealer, according to GOP lawmakers.

State Senate Minority Leader Ryan McDougle, R-New Kent, told Fox News Digital on Tuesday that Virginia hopes to address that legislative shortcoming.

“This [law] I would say if you’re selling drugs, it doesn’t matter if you’re in physical proximity,” he said.

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The LAPD seized about $4 million worth of fentanyl. (LAPD)

McDougle and Senate Republican Caucus Leader Mark Obenshain are leading the effort.

Fox News Digital has reached out to Harrisonburg-based Obenshain for additional comment.

However, at a related press conferenceObenshain said as long as people “are dying in every corner of Virginia, regardless of socioeconomic status, that means there are people selling this poison.”

A pair of special Senate elections on Tuesday were set to determine whether Republicans would win a narrowly overdue majority in the chamber this term, as Democrats currently control it by one seat.

Voters went to the polls in Loudoun County and a number of red counties, including Buckingham, Fluvanna and Goochland.

On Wednesday, multiple outlets predicted Democrats would hold on to their slim one-term majority — requiring a liberal to side with McDougle and Obenshain on their anti-fentanyl proposal.

In 2022, the Old Dominion ranked 14th among states in total fentanyl-related deaths, with 1,973 deaths, and ranked near the national average in terms of per capita death rates, according to CDC data.

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By comparison, neighboring West Virginia leads the nation in fentanyl fatalities per capita, but the total number of deaths was 1,084, less than in Virginia.

Seven out of 10 pills seized by the DEA contain a lethal dose of fentanyl, according to OnePillCanKill Virginia.

Representative for Governor Glenn Youngkin said he believes the prosecution of fentanyl dealers should receive bipartisan support:

“As Governor Youngkin has said time and time again, any person who knowingly and intentionally distributes fentanyl should be charged and prosecuted to the fullest extent of the law,” spokesman Christian Martinez told Fox News Digital.

“We cannot continue to allow manufacturers and dealers to get away with murder – and it’s time for Democratic lawmakers to stand with the families of victims instead of the manufacturers and dealers of fentanyl.”

In April, Youngkin signed Obenshain’s previous fentanyl-related bill, SB 469, which would make it a Class 6 felony to illegally possess, buy or sell encapsulation machines for the purpose of manufacturing illicit drugs.

It also imposed criminal penalties for entities that allow a minor or mentally incompetent person to be present during the manufacture of any substance containing fentanyl.

Virginia Attorney General Jason Miyares previously said an average of five people die each day from fentanyl overdoses across the state.

“By toughening penalties and criminalizing the possession and use of machines to manufacture counterfeit drugs, we are providing law enforcement personnel with the tools they need to hold drug dealers accountable for poisoning our communities,” Miyares said.

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Virginia Sen. Ryan McDougle, R-Hanover/New Kent. (senate.virginia.gov)

After her husband signed the 2023 bill into law, Virginia First Lady Suzanne Youngkin said “there is nothing more important” than protecting Virginia’s families and communities. “I applaud all the individuals who are working hard to fight the spread of this illegal drug that is taking the lives of too many Virginians,” she said.

Virginia Republicans also indicated this week that they would work to pass Youngkin’s December tax-cut tip plan into law. The plan somewhat mirrors President-elect Donald Trump’s “No Tipping Tax” campaign promise.

“Hardworking Virginians deserve to keep the tips they earn for their service,” McDougle said. “Governor Youngkin’s inclusion of this policy in the budget is an important step in our support for the hard-working citizens of Virginia, and we are proud to introduce a bill to add it to the Code of Virginia.”

McDougle said Tuesday that the chamber will also seek a ban on transgender women competing in women’s and women’s sports.



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