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


Virginia Republicans announced their top legislative priorities for the new year, including reducing fentanyl deaths.

Under current case law, Republican lawmakers say it is difficult to charge a drug dealer with the murder of a user who died from the fentanyl he purchased unless he is in close proximity to that dealer.

State Senate Minority Leader Ryan McDougle, R-New Kent, told Fox News Digital on Tuesday that Virginia hopes to address those deficiencies in the legislation.

“This law would say that if you sell the drugs, it doesn’t matter if you’re physically nearby,” he said.

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lapd drug bust

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

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

Fox News Digital reached out to Obenshain of Harrisonburg for additional comment.

However, at one accompanying press conferenceObenshain said that as long as people are “dying in every corner of Virginia, from every socio-economic background, that means there are people selling this poison.”

There will be two special elections in the Senate on Tuesday to determine whether Republicans will gain a somewhat late majority in the House this term, as Democrats currently hold it by one seat.

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

On Wednesday, multiple media outlets predicted that Democrats will retain their slim one-seat majority — leaving one 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 fatalities, and was close to the national average in terms of death rate per capita, according to CDC data.

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

According to OnePillCanKill Virginia, seven out of 10 pills seized by the DEA contained a lethal dose of fentanyl.

A representative for Gov. Glenn Youngkin said he believes prosecuting fentanyl dealers should have bipartisan support:

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

“We cannot continue to allow makers and dealers to get away with murder – and it is time for Democratic lawmakers to side with the victims’ families over fentanyl makers and dealers.”

In April, Youngkin signed Obenshain’s previous fentanyl-related bill, SB 469, which made the unlawful possession, purchase or sale of encapsulation machines for the purpose of manufacturing illegal drugs a Class 6 felony.

It also imposed misdemeanor penalties for subjects who allow a minor or mentally incapacitated person to be present during the manufacture of a substance containing fentanyl.

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

“By strengthening penalties and criminalizing the possession and use of counterfeit drug production machines, 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.

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

After her husband signed the 2023 legislation, Virginia first lady Suzanne Youngkin said there is “nothing more important” than protecting Virginia families and communities. “I applaud all the people working hard to combat the spread of this illegal drug that is killing far too many Virginians,” she said.

Virginia Republicans also indicated this week that they will work to pass Youngkin’s December plan, which would limit tax on tips, into law. The plan somewhat reflects President-elect Donald Trump’s promise: “No Tax on Tips.”

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

McDougle said Tuesday that the House will also seek a ban on transgender women participating in women’s and girls’ sports.