An entire generation of young Americans is dying. The cause of death is not war or disease: it is Fentanyl.
In 2021, there were close to 108,000 drug overdose deaths in the United States. Nearly 75% of U.S. drug overdose deaths in 2020 involved an opioid, and over 82% of those deaths involved synthetic opioids — primarily illegally manufactured Fentanyl. We face an especially grave Fentanyl crisis in the West, where the CDC reports that between fiscal years 2018-19 and 2019-20, the ten western states reported an increase in synthetic opioid-involved deaths of over 98%. In Arizona, more than five people die every day from opioid overdoses, according to our Department of Health Services.
These tragic deaths are the direct result of our open border and trafficking of Fentanyl by cartels. All across our border with Mexico men dressed in camo fatigues and armed with AK47’s walk through the fields and yards of Arizonans with backpacks full of Fentanyl. This crisis is a tragedy and a national disgrace. We must act to protect the lives and property of our citizens and children.
Arizona provides severe penalties for manufacturing, selling, and transporting illegal narcotic drugs such as Fentanyl. These crimes are classified as class 2 felonies and carry mandatory prison sentences of up to 12.5 years. But a more severe deterrent is needed to stop the cartels from killing our children and destroying our communities.
In Arizona, the Attorney General has the authority to prosecute organized crime. I will use this authority to prosecute traffickers for Fentanyl deaths. I will charge them with felony murder. And I will press for the death penalty for the trafficker and the cartel leaders who send them.
The sale of Fentanyl is no different than the sale of cyanide or any other poison. All drugs can be lethal, but Fentanyl is in a class by itself. It is 50-100 times more potent than powerful narcotics like morphine. Deaths result because Fentanyl is so powerful that users overestimate how much is needed to get high, ingesting far too much opiate than their bodies can handle at one time. Others take synthetic Fentanyl unknowingly because it has been mixed into other illicit drugs such as illegal oxycodone pills.
Under existing criminal laws, an employer can be held liable for the criminal acts of its agents and employees, including homicide. In the case of Fentanyl, drug traffickers, who are agents and employees of the cartels, are selling a product that they know is lethal and that kills. I will charge these traffickers with felony murder when there is sufficient evidence to prove the crime. If the trafficker will cooperate and divulge his source in exchange for leniency, we will use him as a witness to testify against the cartel and charge its kingpins with felony murder, and press for the death penalty.
Deterrence and retribution are the principles underlying the death penalty. As Attorney General, I intend to use my authority to prosecute organized crime, together with the threat of the death penalty, to rid our state of the scourge of Fentanyl and the cartels that traffic in them.
If you or a family member are struggling with pain and opioid abuse, help is available through the state’s Opioid Services Locator (https://opioidservicelocator.azahcccs.gov/) and the 24/7 OARLine (1-888-688-4222).