But, is this really the solution to solving America’s deadly fentanyl problem?

Senate Bill 645, also known as the “Combating Fentanyl” bill, introduced by Republican State Sen. Joan Huffman, would alter the classification of drug overdoses due to fentanyl to “poisonings,” which could allow suspects to be charged with murder for distributing the drug.

“We have tragically learned the extent of how dangerous fentanyl is and how even under 1 gram is so dangerous,” Huffman said while introducing the bill. “It’s a fact that fentanyl is flooding our borders. It is absolutely, without a doubt killing our citizens on a daily basis. And it’s time that we take a comprehensive approach to combat this.”

Texas Gov. Greg Abbott celebrated the passage of the bill in the state Senate. “Here we go!” he tweeted. “You kill Texans with fentanyl. You get charged with murder.”

Here we go!

You kill Texans with fentanyl.
You get charged with murder.

Senate passes bill opening door for prosecutors to charge fentanyl distributors with murder.https://t.co/BNInhfgoIG via @TexasTribune

— Greg Abbott (@GregAbbott_TX) March 16, 2023

The proposed legislation is part of Abbott’s quest to decrease the flow of life-threatening drugs across the southern border. He wishes to enhance border security and raise sentences for drug violations.

The bill would also increase the sentencing for manufacturing or delivering fentanyl to a third-degree felony.

The Texas Tribune reported:

Overdose deaths involving fentanyl in the state rose nearly 400%, from 333 people dying in fiscal year 2019 to 1,662 in fiscal year 2021. In Texas, the CDC predicts that more than 5,000 people died of drug overdoses between July 2021 and July 2022.

The fentanyl issue gained more notoriety as news reports detailed how most of the people who consumed, and later died from, the opioid had no idea they had taken the drug. This is because fentanyl coming over the southern border is typically laced into common street drugs like marijuana, heroin, methamphetamine, and others, without the knowledge of the people selling the drugs and also those who consume them.

“Huffman’s bill would also stiffen penalties for making, delivering or possessing larger quantities of fentanyl. Having between 200 and 400 grams would be a first-degree felony, which could lead to between 10 years and life in prison as well as a fine of up to $100,000. Having more than 400 grams would also be a first-degree felony punishable by at least 15 years in prison and a fine of up to $250,000,” according to the Texas Tribune.

However, detractors of the bill argue that if it became law, it would do little to save lives because it would be difficult to enforce. Some are questioning how prosecutors would be able to prove that the individual selling or distributing drugs laced with fentanyl knew they were delivering this product to consumers. Moreover, most of those who distribute fentanyl are not the ones manufacturing the drug.

“It may be that they find it’s easier to prosecute under the other statute that I passed that would make it a second-degree felony,” Huffman said, acknowledging the question. “But there may be extraordinary cases where it’s clear cut and the prosecutor then could have this tool to file for first-degree felony.”

Nevertheless, this sounds to me like a piece of “cotton candy legislation,” which are laws that sound great, make people feel good, but, in reality, fail to deliver substantive results.

Those questioning the enforcement of this proposed law are right – in the vast majority of cases, it would be nearly impossible to prove that the individual selling the fentanyl knew what they had in their possession. I agree that changing the classification of fentanyl deaths to “poisoning” is a more accurate label. The folks in China and Mexico manufacturing and distributing these drugs are well aware that the fentanyl is meant to kill Americans. However, it seems unlikely that the government would be able to arrest, prosecute, and convict enough people under this law to safeguard people’s well-being.

There are other steps Texas and other states can take to limit the number of lives lost to fentanyl. One way would be to repeal legislation outlawing the possession of fentanyl test strips. Indeed, there was never a valid reason to enact these laws in the first place.

Fentanyl testing strips, which typically cost less than $2, help to alert drug users about the presence of fentanyl in the drug they are taking. But under Texas law, they are labeled as “drug paraphernalia,” which makes them illegal.

During the 2021 legislative session, the effort to decriminalize testing strips garnered bipartisan support. Unfortunately, it never made it to the floor for a vote.

“Oftentimes bills have to be introduced more than once before they finally become law,” Rep. James Talarico, D-Austin, told KXAN.

There is hope, however. In this current legislative session, about 12 bills have been introduced that would legalize the possession of fentanyl testing strips according to FOX 4. Gov. Abbott, who previously opposed such a measure, has changed his mind and supports making these resources legal.

Of course, if America truly wanted to cut down on fentanyl deaths and deal a devastating blow to the Mexican cartels, it would decriminalize most, if not all, drugs. This would greatly damage the black market for narcotics. Of course, the illicit market would still exist as it does for tobacco products and alcohol, but it would be greatly diminished. It would mean if people wish to consume certain drugs, they can do so without the threat of being poisoned by bad actors in foreign nations. But perhaps I’ll make a fuller case for this in a later article.

The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.