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Experts warn House Bill 88 could punish unwitting users if mens rea requirement removed
Summary
At a Judiciary Committee hearing, Alex Serto of the Buckeye Institute warned H.B. 88 removes mens rea for fentanyl-related possession, risking prosecution of unwitting users; sponsors amended the bill and accepted the amendment by voice vote.
The House Judiciary Committee heard testimony and questions about House Bill 88 during its fourth hearing, including warnings from a Buckeye Institute legal fellow that the bill as written would remove the mens rea requirement for fentanyl-related possession.
Alex Serto testified that "House Bill 88 retreats from those reforms by removing the mens rea requirement that an offender know or have reason to know that…
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