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Michigan House approves tougher fentanyl-trafficking penalties after floor debate

3131131 · April 23, 2025
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Summary

The Michigan House on April 23 approved two bills that increase criminal penalties for fentanyl trafficking, passing House Bill 4255 by 66–40 and House Bill 4256 by 65–41 after a floor debate that divided members over punishment versus treatment.

Lansing — The Michigan House of Representatives on April 23 passed two bills that increase penalties for fentanyl trafficking and related offenses, approving House Bill 4255 on a 66–40 roll-call vote and House Bill 4256 on a 65–41 roll-call vote. Majority leaders then moved and secured immediate effect for both measures on the House floor.

The measures attracted extended debate on the House floor, with supporters saying the laws target traffickers who distribute a lethal opioid and opponents saying the bills return the state to punitive approaches that do not reduce overdoses or racial disparities in incarceration.

Supporters called fentanyl a uniquely deadly threat and argued stiffer penalties are needed to disrupt supply. Representative Preston said communities had lost children to the drug and asked colleagues to back the package: “I urge a yes vote on the package.” Representative Leitner, who sponsored House Bill 4255, and Representative Bolin urged the House to give prosecutors stronger sentencing tools for high-level traffickers and for sellers who target minors.

Opponents urged evidence-based, public-health approaches. Representative Rheinigens said Michigan should expand harm-reduction measures and treatment rather than increase criminal penalties, stating, “We should reject house bills 42 55 and 42 56, and instead, implement public health measures that actually reduce harm and increase access to treatment.” Minority Floor Leader Fitzgerald warned that punitive policies without treatment capacity “will not lead us out of this moment.” Representative O'Neil said the bills would revive a “tough on crime” approach that has driven disproportionate incarceration of Black and brown people.

House Bill 4255 (calendar item 8), introduced by Representative Leitner, revises the public health code and creates a new category of controlled substances with enhanced penalties, including increased sentences for trafficking fentanyl and certain derivatives and enhanced penalties when fentanyl is sold to minors. House Bill 4256 (calendar item 9), carried in debate by Representative Bolin, amends the code of criminal procedure to implement related sentencing changes and procedural provisions. The clerk read both bills and recorded roll-call votes required for final passage.

Votes at a glance - House Bill 4255 (amend public health code): Passed 66–40; immediate effect ordered. - House Bill 4256 (amend code of criminal procedure): Passed 65–41; immediate effect ordered. - House Bill 4207 (calendar item 4): Passed 106–0 (third reading, unanimous recorded roll call). - House Bill 4208 (calendar item 5): Passed 106–0 (third reading, unanimous recorded roll call). - House Bill 4033 (calendar item 6; floor substitute/amendment adopted): Passed 106–0 (third reading, unanimous recorded roll call). - House Bill 4034 (calendar item 7): Passed 106–0 (third reading, unanimous recorded roll call). - House Resolution 69 (declare April Arab American Heritage Month): Adopted by voice vote. - House Resolution 30 (requesting Congress reinstate gray wolf delisting): Adopted by voice vote.

Floor debate centered on competing priorities: supporters said mandatory minimums and sentencing enhancements target traffickers whose shipments can cause mass fatalities; opponents said Michigan should prioritize treatment, harm reduction and evidence-based reentry programs to reduce overdose deaths and racial disparities in incarceration. Representative Rheinigens cited overdose statistics on the House floor, saying statewide deaths numbered in the thousands in recent years and urging expansion of naloxone access, syringe programs and treatment.

Procedural notes: For bills taken on third reading, the clerk performed record roll-call votes as required. For both House Bill 4255 and House Bill 4256, the majority floor leader moved for immediate effect; the House approved those motions by voice and standing response, and the House ordered immediate effect.

The House completed additional business, including committee reports and introductory bills, then adjourned until Thursday, April 24, 2025, at noon.