A fine line in the fentanyl battle

Apr 28, 2023

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

Presented by California Resources Corporation

THE BUZZ: California lawmakers are trying to slow the tsunami of fentanyl without ushering in a new war on drugs.

That was the crux of the disagreement in the Assembly’s Public Safety Committee on Thursday, where advocates, public officials and bereaved parents packed into a hearing room in the Capitol to hear members discuss a slate of bills related to the synthetic opioid, which in 2021 killed nearly 6,000 Californians — a rate of about 16 a day.

The issue is emotional. Multiple moms and dads approached the dais holding photos of their deceased sons and daughters, describing the horrific experience of finding their child unconscious from taking a pill they had no idea contained fentanyl. On the other side of the coin were anti-recidivism activists and criminal justice reformers, arguing that programs — not increased penalties — are the best way to address the problem.
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This is not the way Committee Chair Reggie Jones-Sawyer wanted to do this. The Los Angeles Democrat had planned to kick the issue to the summer, saying the fentanyl crisis required a thoughtful approach, not a reactionary one. But after pressure from Republicans and moderate Democrats, he agreed to hear the six bills he had previously delayed.

"I was trying to hold all the bills to get us together — so we'd have a conversation that's not politicized, that's not all about the press, not all about which group can embarrass the other,” he said Thursday. “This is not that type of emergency. This emergency is about uniting and fighting together.”

We’ll get to which bills passed and which failed in a minute — but it’s important to note that the committee took an unusual tack with Democratic Assemblymember Cottie Petrie-Norris’ AB 955, which would make the sale of fentanyl on a social media platform punishable by up to nine years in prison. Instead of passing or rejecting it, the committee moved it to an “interim study session” where it will receive further consideration. That move left Petrie-Norris “disappointed” and some Republicans outraged.

The Assembly isn't the only body grappling with fentanyl. It's been the subject of intense scrutiny as well in the Senate, where the Public Safety Committee recently rejected for a second time SB 44 by Democratic Sen. Tom Umberg, which would’ve required those who are convicted of certain drug offenses to be formally admonished in court.

Gov. Gavin Newsom, who has chosen to stay out of the legislative fray, last week used his executive power to help the city of San Francisco confront the sale of fentanyl in the streets.

Here’s what else passed in the Public Safety Committee:

AB 33 by Democrat Jasmeet Bains, would establish the Fentanyl Addiction and Overdose Prevention Task Force.
AB 675 by Democrat Esmeralda Soria, would add fentanyl to the list of drugs that are illegal to possess while carrying a loaded and operable firearm.
AB 474 by Democrat Freddie Rodriguez, would require the State Threat Assessment Center (STAC) and the California Office of Emergency Services (Cal OES) to work in cooperation with state and local efforts to thwart fentanyl trafficking networks.

… and what didn’t:

AB 367 by Democrat Brian Maienschein would’ve added three or five-year sentencing enhancements when certain felonies related to fentanyl result in great bodily injury to someone. This bill was approved for reconsideration at a later date.
AB 1058 by Republican Jim Patterson would’ve increased sentencing for possession of more than 28.5 grams of fentanyl.

BUENOS DÍAS, good Friday morning. Today is the policy committee deadline, do you know where your fiscal bills are?

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TOP TALKERS

— “Is it sexist to want Dianne Feinstein to retire?,” by The New Yorker’s Isaac Chotiner: “My antenna goes up when it appears that a woman is being treated differently, when it’s unfair. I’m not saying that Senator Feinstein doesn’t have health challenges, as do male colleagues.”

— “California prisons illegally send prisoners' info to ICE, including those who merely look 'foreign,' lawsuit says,” by the San Francisco Chronicle’s Bob Egelko: “They said the policy violates the California Constitution’s prohibitions against racial and ethnic discrimination as well as the 2018 law known as the California Values Act. It prohibits the CDCR from penalizing inmates because of their national origin or immigration status, and — except for those convicted of violent or serious felonies — from keeping immigrants in custody after their sentence is over and notifying ICE so they can be picked up for deportation.”

CAMPAIGN MODE

FIRST IN PLAYBOOK: WAGE WARS — The battle over a $25 minimum wage is ramping up as SEIU-UHW launches a six-figure digital ad campaign aimed at boosting Senate Bill 525. The measure is fueling one of this session’s marquee labor-versus-business clashes, with opponents already running digital ads. You can watch SEIU’s ad here.

CARRILLO CHALLENGES KDL — Democratic Assemblymember Wendy Carrillo on Thursday launched her campaign for Los Angeles’ 14th City Council District, taking on Kevin de León, a former legislator himself who continues to bat down calls to resign after he was caught on tape in a racism-laden, back-room conversation with other members last fall.

Carrillo spoke with the Los Angeles Times about the campaign, saying “it’s a challenge when you have someone in office that folks don’t want to associate with.”

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CALIFORNIA AND THE CAPITOL CORRIDOR

— “Newsom’s proposed cuts to foster program angers advocates. ‘You’re hurting our youth’,” by The Sacramento Bee’s Mathew Miranda: “The proposed move comes as the administration tries to pull back on spending on a range of measures that were previously enacted. But some advocates and lawmakers are urging the governor to reconsider, citing the benefits and need for funding of the Court Appointed Special Advocates program, better known as CASA.”

— “Loved or hated, lawmaker Scott Wiener is a lightning rod who could make history,” by the Los Angeles Times’ Melanie Mason: “For many, Wiener is best-known for his work on housing. A patron saint of the YIMBY (“Yes In My Backyard”) movement to maximize building housing, his first bill after being elected to the state Senate in 2016 focused on streamlining new development by wresting away some power from local governments.”

— “S.F. spends $356 million on rooms for homeless people. Why do so many sit empty?,” by the San Francisco Chronicle’s Joaquin Palomino and Trisha Thadani: “Yet in its five-year-plan to prevent and reduce homelessness, published this month, HSH offered only vague guidance on its strategy to fill these residential hotels, which included streamlining its referral process and making the units more attractive to potential residents.”

— “Shasta County votes to spend millions manually counting ballots — and not all voters are happy,” by The Sacramento Bee’s Jenavieve Hatch: "Mike Lindell, the My Pillow CEO and noted election denier, has thrown his support behind the Board and Crye specifically, and even offered to pay for any future legal fees if the county is sued for its decision to pivot to a manual tally."

BIDEN, HARRIS AND THE HILL

— Ron Klain: 'Sexism and racism are part of the problem' with Harris criticism, POLITICO’s Kierra Frazier: “Former White House chief of staff Ron Klain says that sexism and racism are partially to blame for the swirl of criticism and negative stories that have followed Kamala Harris during her tenure as vice president.”

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SILICON VALLEYLAND

— “Elon Musk ramps up A.I. efforts, even as he warns of dangers,” by The New York Times’ Cade Metz, Ryan Mac, Kate Conger: “What Mr. Musk’s A.I. approach boils down to is doing it himself. The 51-year-old billionaire, who also runs the electric carmaker Tesla and the rocket company SpaceX, has long seen his own A.I efforts as offering better, safer alternatives than those of his competitors, according to people who have discussed these matters with him.”

MIXTAPE

— “What are the real Vegas odds for the Oakland A's?,” by The Mercury News’ Shomik Mukherjee

— “Housing shortage plus earthquake risk? It’s not just a problem in L.A.,” by the Los Angeles Times’ Hannah Lucinda Smith

IN MEMORIAM

— “Jerry Springer, talk show host and politician, dies at 79,” by the Los Angeles Times’ Christi Carras

BIRTHDAYS

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