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Utah

Utah Bill to Criminalize Fentanyl Trafficking Passes Committee Unanimously

By Kevin ThompsonJanuary 30, 2025
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Rep. Matt Gwynn, R-Perry speaks on HB0087, Drug Trafficking Amendments, in the House building at the Capitol in Salt Lake City on Wednesday January 29, 2025.
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Ogden, UT — A bill aimed at combating the state’s fentanyl crisis passed through the Utah House Law Enforcement and Criminal Justice Committee on Wednesday after an emotional hearing.

House Bill 87 (HB87), sponsored by Rep. Matthew Gwynn, R-Farr West, would make it a first-degree felony for individuals to produce, distribute, or traffic fentanyl in the state. The committee approved the bill unanimously, sending it to the full House of Representatives for a vote.

Rep. Gwynn, who serves as the police chief of Roy, shared personal stories during the hearing that underscored the severity of the issue. Gwynn, his voice breaking with emotion, recounted how fentanyl overdoses have devastated families across Utah, including his own. “Over 600 times last year in the state of Utah, someone came home and found their son, daughter, or parent deceased from an opiate overdose,” he said.

Gwynn’s connection to the issue is deeply personal. He revealed that both of his parents died from opiate overdoses and shared that, as a law enforcement officer for over two decades, he has witnessed the heartbreaking consequences of fentanyl use. “I cannot tell you the amount of times I’ve had to listen to the screams on the other end of a phone when family members are notifying other family members about their sister, their uncle,” Gwynn recalled. “Those screams are repeated when they walk in the door.”

Under HB87, those caught with 100 grams or more of fentanyl would face a first-degree felony charge, with a presumption of imprisonment. However, judges would still retain discretion over sentencing. Gwynn emphasized the need for stronger measures against fentanyl, stating, “We can’t treat this like we’re treating other drugs. Utah is not just a pass-through state for fentanyl. We are an end destination.”

The bill has garnered significant support across the board, with emotional testimonies from the public and lawmakers who shared personal experiences of the devastation caused by fentanyl. Even defense attorneys, who typically oppose bills increasing criminal penalties, voiced their backing for HB87 after learning more about the scope of the problem in Utah. Mark Moffat, a representative from the Defense Lawyers Association, expressed his support, highlighting that the bill specifically targets those responsible for trafficking large quantities of fentanyl rather than casual users.

Marlesse Jones, director of Utah’s Victim Services Commission, also voiced strong support for the bill. She described fentanyl’s impact as a public health crisis that extends beyond the individuals using the drug to affect families, children, and loved ones. “There are family members, there are children, there are loved ones that watch the struggle, and all too often have to then attend the funerals and the burials as a result of it,” Jones said.

Governor Spencer Cox has made addressing fentanyl a priority, announcing a task force to tackle the rising numbers of pill seizures across the state. His administration has voiced strong support for HB87, marking it as a key piece of legislation in the fight against fentanyl trafficking.

Having cleared its first legislative hurdle, HB87 now faces a vote in the full House of Representatives before moving to the Senate and, if passed, could soon be sent to the governor’s desk for final approval.

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Kevin Thompson

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