California’s fentanyl divide

Mar 30, 2023

By Lara Korte, Jeremy B. White, Matthew Brown and Ramon Castanos

THE BUZZ: California lawmakers want to slow the alarming rate of fentanyl deaths. They just can’t agree on how to do it.

Dozens of bills were introduced this session aiming to combat the growing dangers of synthetic opioids — which can be 50 times stronger than heroin and are increasingly appearing on California streets. Both law enforcement and parents are on high alert amid growing reports of teenagers overdosing and dying after unknowingly taking the drug.

Republicans and some moderate Democrats in the Legislature have responded with bills to enhance punishments for criminal behavior relating to fentanyl, hoping additional legal ramifications will be an effective deterrent to those hawking the deadly substance.

But that stance isn’t getting much traction in the Capitol, where Democrats have historically been hesitant to pass laws that could add to the state’s already-crowded prisons. Several bills — some of them bipartisan — have been rejected by Democrats who say increasing punishments would put California at risk of repeating past mistakes.

“If incarceration relating to drugs were a successful strategy at reducing drugs, we would literally have no drug use in our country,” San Francisco Sen. Scott Wiener said during a Public Safety Committee hearing this week.

Senate Bill 44, co-authored by Democratic Sen. Tom Umberg and Republican Sen. Rosilicie Ochoa Bogh, had the backing of many families who have lost loved ones to fentanyl. It would have required courts to issue a written admonishment to those convicted of fentanyl-related offenses. Despite significant bipartisan support, it was voted down in committee on Tuesday. On the Assembly side, Public Safety Chair Reggie Jones-Sawyer has shelved several bills related to fentanyl and called for a hearing to develop legislation with the “greatest impact.”

It’s not as if Democrats are ignoring the problem completely. Lawmakers have introduced several bills aimed at increasing access to Narcan, the overdose reversal drug. A bill by Assemblymember James Ramos requiring some colleges to stock fentanyl test strips got unanimous approval in a committee hearing last week.

But some, like Democratic Sen. Marie Alvarado-Gil, say such measures aren’t enough to combat the crisis. Her Senate Bill 226 would add fentanyl to a list of drugs that are illegal to possess while carrying a firearm, but she’s postponing a hearing until she can gather more support.

Alvardo-Gil said she fears the Senate Public Safety Committee is not acting in accordance with the will of the people.

“That is the quandary that I'm wrestling with,” she said. “That even common-sense policies are not being considered.”

BUENOS DÍAS, good Thursday morning. Lawmakers will depart Sacramento today for their spring recess, which runs through April 10. Do you know a legislator who’s going on an interesting policy-related trip over the break? Drop us a line with the deets below.

Got a tip or story idea for California Playbook? Hit us up at jwhite@politico.com and lkorte@politico.com or follow us on Twitter @JeremyBWhite and @Lara_Korte.

WHERE’S GAVIN? Nothing official announced.

QUOTE OF THE DAY: “If you’ve done nothing wrong, once you provide this information, I will stand behind you, all of you, and say ‘my God, you’ve always had our back, you’ve always been there for us. We were wrong. I was wrong.’” Gov. Gavin Newsom talking to NBC about his message to oil companies.

TWEET OF THE DAY:

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Top Talkers

RAINBOW CONNECTION — Since 2017, California has prohibited publicly-funded travel to states with anti-LGBTQ laws on their books. But a new bill introduced by Senate President Pro Tem Toni Atkins Wednesday would repeal that ban, replacing it with a program she says would instead focus on encouraging acceptance of the LGBTQ+ community.

The ban came in response to North Carolina passing a law requiring transgender people to use the restroom aligned with the gender they were assigned at birth. The prohibition now applies to 23 states and has been the subject of much political ridicule. Gov. Gavin Newsom was lambasted last summer for personal travel to one of the prohibited states, Montana, where his in-laws reside.

Atkins, the first openly lesbian senator to lead the body, said the original ban sent a clear message that California doesn’t engage with states that allow discrimination, but that “a new approach is needed for California to have a positive impact.” The ban had the unintended consequence of further isolating LGBTQ+ people, Atkins said in a statement.

Senate Bill 447, instead, will create a donation-driven fund that could be used to create inclusive messaging and discourage discrimination.

— “Nathan Fletcher accused in lawsuit of sexual harassment and assault, steps down from MTS board,” by The San Diego Union-Tribune’s Jeff McDonald: “Days after ending his state Senate campaign to seek treatment for post-traumatic stress and alcohol abuse, San Diego County Supervisor Nathan Fletcher was accused in a lawsuit of sexually harassing and assaulting a staffer at the transit agency whose board he has led for years.”

— “7 CHP officers charged in death of L.A. motorist caught on video,” by the Los Angeles Times’ Richard Winton and James Queally: “Seven California Highway Patrol officers and a nurse were charged with manslaughter Wednesday in connection with the death of a man who screamed, ‘I can’t breathe!’ as they tried to draw blood from him, prosecutors said.”

CALIFORNIA AND THE CAPITOL CORRIDOR

STICKER SHOCK — California’s reparations task force is months away from releasing a report on how much Black residents should be compensated for the harms of slavery and racism, but the group drew international headlines Wednesday over a staggering dollar figure included in research it commissioned.

Researchers studying the economic toll of systemic racism estimated that Black Californians have lost out on $800 billion through decades of discriminatory policies. Dozens of headlines asserting that a reparations proposal could mirror that $800 billion figure quickly followed, drawing criticism from conservative commentators, who have framed the discussion as a political ploy.

Task force members and the economists responsible for the calculation pushed back during its monthly meeting. “What we are estimating are losses to African Americans who are descendants of people enslaved in the United States,” said Thomas Craemer, a professor at the University of Connecticut. “We're not necessarily suggesting that those losses are equal to the reparations.”

The Task Force has until July 1 to issue a final recommendation on who should qualify for reparations and what payments could look like. — POLITICO’s Alexander Nieves

— “California bill to make it easier to place people on psychiatric holds advances,” by the San Francisco Chronicle’s Sophia Bollag: “The bill’s advocates include San Francisco Mayor London Breed, who has frequently lobbied state lawmakers to make it easier to compel more people into treatment as she grapples with the crisis unfolding on the city’s streets.”

— “Newsom takes key step to bring FEMA aid to California flood victims,” by the Bay Area News Group’s Aldo Toledo: “Newsom’s request for a Presidential Major Disaster Declaration comes weeks after freak atmospheric river storms buffeted California and aims to bolster the state’s emergency response and recovery efforts in Calaveras, Kern, Los Angeles, Mariposa, Monterey, San Benito, Santa Cruz, Tulare and Tuolumne counties, where communities have been impacted by flooding, snow, mudslides, avalanches and debris flows.”

— “Brooke Jenkins has transformed San Francisco's crime policies. Here's what the data shows,” by the San Francisco Chronicle’s Susie Neilson: “The data confirms that Jenkins — whose frequent criticisms of the progressive Chesa Boudin made her a prominent figure in his recall election in June — is having a swift impact on criminal prosecution efforts and outcomes, especially considering that cases can take months or even years to resolve.”

— “How Xavier Becerra went from working construction in Sacramento to launching Obamacare,” by McClatchy D.C.’s Gillian Brassil: “Becerra is the first Latino HHS secretary, one of just 17 Hispanic Cabinet secretaries in all of U.S. history. The mammoth agency, with a nearly $2.7 trillion budget for 2023, oversees a portfolio that includes the social safety net, Medicare and Medicaid, cutting edge pharmaceuticals and pandemic response.”

GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from April 30-May 3. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.

BIDEN, HARRIS AND THE HILL

— Harris finds footing and a jubilant audience, halfway around the world from Washington, by POLITICO’s Eugene Daniels: The first Black U.S. vice president, she also was the highest Biden administration official to visit the continent, and her visit generated profound excitement. Every street she rode down was filled with people, often holding Ghanaian and American flags, who waved and screamed and cheered, hoping to get a glance into her motorcade.

— “FDA makes overdose-reversal drug Narcan available over-the-counter,” by The Wall Street Journal’s Julie Wernau: “People will soon be able to walk into a pharmacy and purchase medication to reverse an opioid overdose alongside other nonprescription items like aspirin and vitamins.”

MIXTAPE

— “Some California ‘sweatshop’ garment workers paid as little as $1.58 an hour, says report,” by the East Bay Times’ Scott Schwebke.

— “Antiabortion activists must face criminal trial, state's top court holds,” by the San Francisco Chronicle’s Bob Egelko.

— “Can this town save itself from fentanyl addiction? The race to turn around a threatened community,” by the Los Angeles Times’ Jeffrey Fleishman.

— “Roseville school district cuts ties with LGBTQ group after undercover Project Veritas video,” by The Sacramento Bee’s Molly Jarone.

BIRTHDAYS

Visa’s Jeremy Sturchio … former Rep. Janice Hahn (D-Calif.) … Michael Szeto

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