At least three bills have been introduced by the Legislature this year to crack down on fentanyl trafficking.
Senate Bill 279 and House Bill 386 are companion measures and part of the Honolulu prosecuting attorney’s legislative package.
The legislation would make it a Class A felony, punishable by up to 20 years imprisonment, to possess an ounce or more of fentanyl. Currently, the Class A felony threshold is 1.5 ounces. The measures also would make it a Class B felony, punishable by up to 10 years in prison, to possess more than an eighth of an ounce of fentanyl.
The possession threshold currently for a Class B felony is double that amount, at a quarter-ounce.
The bills also would make it a Class A felony to distribute more than an eighth of an ounce of fentanyl. The current distribution threshold for a Class A felony is triple that amount, three-eighths of an ounce.
Simple possession of smaller amounts of fentanyl would remain a Class C felony, punishable by up to five years behind bars.
In addition to Honolulu City Prosecutor Steven Alm, the Honolulu Police Department and Hawaii County Prosecutor Kelden Waltjen submitted written testimony in favor of both SB 279 and HB 386.
According to Alm, “The fentanyl tsunami has reached our shores.”
“Last year, Big Island police seized enough fentanyl to kill one-fifth of this state’s entire population,” Alm wrote. “Federal prosecutors recently convicted a Maui man for deceptively selling fentanyl-laced pills that caused a deadly overdose. And on a single weekend in April 2024, Oahu first responders were dispatched to the same location —Thomas Square — five times, for reported fentanyl overdoses.”
Honolulu Police Department Capt. Jerome Pacarro of the Narcotics/Vice Division testified, “The sheer devastation caused by fentanyl cannot be overstated.”
“Every day, we hear heartbreaking stories of families torn apart by overdose deaths due to fentanyl being mixed with other drugs, often without the user’s knowledge,” Pacarro wrote. “It is our responsibility to protect our citizens, especially the most vulnerable among us, such as juveniles.
“Implementing harsher penalties can serve as a strong deterrent for those who might exploit this crisis for their gain. The threat of increased consequences will encourage traffickers to think twice before distributing this lethal substance into our neighborhoods.”
Waltjen opined that the measure “would help reduce the overall prevalence of fentanyl in our communities and save lives.”
“Fentanyl is responsible for a significant rise in overdose deaths, as it is much more potent than heroin or morphine, even in small amounts,” he testified. “Conforming the penalty thresholds will send a clear message that the distribution of fentanyl is a serious crime that jeopardizes public health and safety.”
SB 279, introduced by Senate President Ronald Kouchi, on Feb. 5 passed the Senate Judiciary Committee, the only committee it was referred to, by a unanimous 5-0 vote.
HB 386, introduced by House Speaker Nadine Nakamura, was passed Friday by the House Judiciary and Hawaiian Affairs Committee, the only committee it was referred to, by a unanimous 9-0 vote, with two lawmakers excused.
“I think it’s a good bill as is,” said Rep. David Tarnas (D-Kohala), who chairs the committee.
Honolulu Deputy Prosecutor Daniel Hugo testified in person, telling lawmakers the measure “targets distributors of this deadly poison, as well as those possessing amounts indicating intent to distribute.”
“Synthetic opioids, excluding methadone, already account for more drug overdose deaths than all other drugs combined, nationwide. And fentanyl is among the most dangerous of these,” Hugo said. “It’s a fast-acting opioid that alleviates pain by depressing the central nervous system and the respiratory system. It’s hundreds of times more potent than heroin. And because it’s an odorless crystalline substance, it can be easily introduced not only into other drugs, but into food and water. It can also be weaponized into an aerosol.
“Two milligrams of fentanyl is enough to kill a person, and one ounce — which is the amount we’re discussing in this bill — is more than 28,000 milligrams.
A third measure, HB 580, would establish a mandatory minimum term of imprisonment for promoting a dangerous drug in the third degree if the conviction is predicated on the possession of methamphetamine or fentanyl. It also would mandate progressive mandatory minimum terms of imprisonment if the person has prior convictions for the trafficking of methamphetamine or the possession of methamphetamine or fentanyl.
That bill, introduced by Rep. Daniel Holt, an Oahu Democrat, and co-sponsored by six others, including Rep. Nicole Lowen, (D-Kona, Kohala) has been referred to the House Judiciary and Hawaiian Affairs Committee. So far, no hearings have been scheduled for it.
Email John Burnett at jburnett@hawaiitribune-herald.com.
