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Lawmakers hear emotional testimony urging removal of 'knowingly' to hold drug sellers accountable in overdose deaths
Summary
Sponsors ran two bills together to expand criminal liability when distribution of controlled substances causes death. Witnesses — including family members who lost children — urged striking the statute’s 'knowing' language and said the current wording creates a prosecutorial loophole in fentanyl-related deaths.
The committee considered two related bills — House Bill 23-58 and House Bill 28-99 — which sponsors described as complementary: one addresses accountability for cross-border distribution and the other removes the statutory requirement that a seller 'knowingly' mix a controlled substance with another, a change sponsors say would close a loophole that has impeded prosecutions in fatal fentanyl cases.
Representative Trisha Burns said the legislation is about accountability: "if someone chooses to sell or distribute the most dangerous drugs such as fentanyl... and that results in a death, then this bill makes it very clear that there'll be consequences." Representative Brad Pollett said removing the "knowingly" language helps prosecutors who otherwise cannot prove a dealer knew a product contained fentanyl.
Multiple witnesses offered emotional testimony in support. Laura Woody, a state representative for Drug Induced Homicide Incorporated and board member of Lost Voices of Fentanyl, told the committee that a legal requirement to show one substance was "added" to another has created a loophole when counterfeit pills are entirely fentanyl rather than two mixed substances: "One of the biggest loopholes in this is the requirement that 1 substance be added to another substance." Woody described statewide overdose statistics and personal loss; she said many jurisdictions historically have not investigated these deaths as criminal and urged that suppliers be held responsible.
Tim Wilfred, president of Second Chance in Life, described his son’s death and said some local departments told him they do not investigate drug deaths. He and other family members urged the committee to close statutory gaps that they said allow dealers to avoid liability when fentanyl causes fatalities.
Committee members asked whether striking the word "knowingly" or instead adding the word "replace" after "mixed" would address the loophole; witnesses and sponsors said removing the knowledge requirement best captures cases where the illicit product is a single fentanyl-laced tablet or counterfeit pill. Members thanked witnesses and closed the hearing; no committee votes were taken on the bills during this meeting.
