March 6, 2023 at 9:39 a.m.

Fentanyl law revisions part of their mission

Fentanyl law revisions part of their mission
Fentanyl law revisions part of their mission

By by DENISE MARTIN- | Comments: 0 | Leave a comment

Like much of Minnesota— Chisago County has not been able to hide from the destructive power of fentanyl.  In recent years multiple defendants have been prosecuted here for directly or indirectly providing fentanyl laced substances,  that killed the consumer.  

And, all the county law enforcement agencies carry a product, Narcan (naloxone)  when administered in a timely fashion, it blocks the body’s receptors that can lead to overdose deaths.  

So— as the debate persists in the state legislature about how to fight illicit use of fentanyl;  Chisago County is actually a little ahead of the curve in responding to this deadly drug.  It’s only natural this enlightened attitude  would be embraced by a couple from Lindstrom, who lost their son Tyler from an overdose.  Jerry and Michele Hein have immersed themselves in this issue to raise public awareness and to put more tools in the hands of those who battle the fentanyl industry.  Plus, in gratitude for a compassionate response and investigation from Lakes Area Police personnel, the Heins  have been funding Narcan supplies for the LAPD. But they’d like to see a comprehensive statewide Narcan program funded.   

They are also promoting increased severity in penalties for small amounts.  The goal is to get fentanyl in the same category as heroin. Currently a second degree possession charge requires six grams of heroin and 50 grams of fentanyl.  A first degree charge would require 25 grams of heroin, but 500 of fentanyl.

Jerry and Michele Hein were in St. Paul last week leading the ‘Faces of Fentanyl’ presentation, in the Capitol rotunda.  

Michele says the most important message is that loved ones lost to overdose are not forgotten.

The movement for stricter criminal penalties and for making funding available for Narcan in public sites, is garnering support this session. Michele has met with lawmakers who are very encouraging, she added.

“One Pill Can Kill” is the organization’s message to never consume a pill you haven’t gotten from a legitimate pharmacy.  Fentanyl is being manufactured disguised in the shape and color of oxy and/or percocet and dealers don’t care if it kills you. Adding to the increased market for this product is the problem with chronic pain and restrictions on access to opioids.  When people in pain can’t get painkillers they turn to the black market.

There is also a conversation underway in Chisago County on the expenditure of millions of dollars in opioid settlement monies.  The link between fentanyl use and dependence on painkillers can’t be ignored, and Public Health Administrator Courtney Wehrenberg tells the Press that fentanyl death increase will “certainly be part of the discussion.”  She didn’t want to make assumptions about what a local advisory council will or will not be recommending but  fentanyl issues are a national public health concern.

The opioid settlement advisory group is just now coming together and Wehrenberg said citizens should watch for more information shortly on applying to be on the advisory council and for rules and  details about accessing some of the funds.

Local lawmaker Brian Johnson, R-Cambridge, said he didn’t get a chance to meet with Michele and Jerry when they were holding the Capitol rally last week, but he supports the criminal penalty revisions and he is partly convinced of the need for having Narcan funded.  

He understands law enforcement sometimes will administer naloxone to their own people, who can be exposed to certain levels of fentanyl accidentally. Of police squads and emergency services, Johnson said, “absolutely, we should get it into their hands.”  

He has not been convinced, however, that the product should be widely available.  

Rep. Johnson said Narcan access is a “two-headed sword” and he has been told availability of the product can generate a false sense of security.  Users have been known to build a tolerance for fentanyl and then they up their dose.  He said he sees both sides and is still weighing proposals.

Rep. Johnson also says legislation must be drafted so it isn’t too harsh against users, or addicts,  who could be impacted reducing the fentanyl amount needed to prosecute.  He wants judges to have the discretion to order offenders into treatment when suitable.

Representative Anne Neu Brindley supports HF 615 and increasing penalties for fentanyl dealers. She also wants funding for narcan products.  “The Opioid Response Advisory Council is already doing great work to provide (narcan) and I support more grant programs to ensure schools and other institutions are able to respond to emergencies,” she said in an e mail statement.

The Association of MN County Attorneys is supportive of HF 615.

 Chisago County Attorney Janet Reiter said she commends Jerry and Michele for working to bring change, while honoring their son Tyler.

In January 2022 the association submitted a position paper in support of addressing fentanyl crime growth, that got no traction. Maybe thanks to ‘Faces of Fentanyl’ activities the measure is being noticed.  County Attorney Reiter said the law’s revisions, if aligned with Sentencing Guidelines, will mean the greater one’s criminal history is the more prison time for lesser levels of drug offense. The county attorneys also prefer to see eligible offenders in treatment and often the best path to that end is through a threat of jail time.

There are 18 authors attached to House File 615 on penalties.

A file pertaining to penalty revisions hasn’t been transmitted to the Senate yet.   


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