Republicans in the New Mexico Legislature criticized their Democrat colleagues for blocking bills the GOP hoped would worsen penalties for fentanyl dealing and exposure of the drug to children.
A Republican-sponsored memorial dedicating Oct. 14 to Oct. 18 as “Fentanyl Poisoning Awareness Week” did advance from the Senate Rules Committee Monday with unanimous, bipartisan support but member Sen. Greg Nibert (R-27) called the passage “disingenuous” as other policy bills did not move in the final days of the ongoing session.
The last day of the 2024 Legislative Session was Feb. 15, meaning bills have only a couple more days to advance through the House and Senate before going to Gov. Michelle Lujan Grisham’s desk to become law.
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As of Tuesday, House Bill 106, which would classify child exposure to fentanyl as a child abuse crime in New Mexico state statutes, had passed the House Judiciary Committee on Jan. 23 but had not moved passed the subsequent House Appropriations and Finance Committee.
SB 102, which would add penalties and expand the state’s definition of racketeering – targeting more enforcement against criminal enterprises like drug dealing operations – was also held up in the Senate Judiciary Committee after passing the Senate Health and Public Affairs Committee.
Nibert also pointed to Senate Bill 83 to expand the requirements of the Children Youth and Families Department (CYFD) to conduct family assessments and investigations when plans of care are violated and force families to undergo CYFD such procedures.
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That bill was introduced Jan. 17, but had not received a committee hearing as of Tuesday.
“While more awareness is good, it feels disingenuous that the majority could only agree to a memorial when we had an opportunity to advance real solutions to address the fentanyl crisis,” Nibert said.
“Bills to address issues of infant fentanyl exposure, and to target criminal enterprises that deal in fentanyl continue to fall on deaf ears. Yet again, we leave Santa Fe without any real actions or solutions.”
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Of SB 102, the Legislative Finance Committee noted creating new crimes and increasing incarceration penalties would drive up costs by increasing the populations held in New Mexico prisons.
An LFC analysis estimated it cost about $55,000 to incarcerate one person in New Mexico in Fiscal Year 2022, arguing that adding crimes and increasing prison terms would lead to significant cost increases for the state.
“Incarceration drives costs in the criminal justice system, so any changes in the number of individuals in prison and jail and the length of time served in prison and jail that might result from this bill could have significant fiscal impacts,” the report read.
“The creation of any new crime, increase of felony degree, or increase of sentencing penalties will likely increase the population of New Mexico’s prisons and jails, consequently increasing long-term costs to state and county general funds.”
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The LFC had similar concerns in its analysis for HB 106, which would define exposure of a child to fentanyl as child abuse but noted fentanyl “continues to be a major problem for the United States in general and New Mexico in particular.”
The New Mexico Poison and Drug Information Center reported it received 22 calls in the last three years regarding fentanyl exposure in children, “probably most or all of them due to exposure to illicit fentanyl.”
The report warned that defining fentanyl exposure as child abuse could lead to less mothers reporting pre-natal exposure, reducing the ability of anticipatory treatment for when the child is born suffering from withdrawal symptoms.
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“Knowledge a child has been exposed to fentanyl in utero is useful in providing anticipatory treatment for withdrawal; however, it is possible defining fentanyl exposure as child abuse would result in pregnant users not reporting that use to their prenatal or neonatal care providers,” the report read.
CYFD noted the bill would lead to increase prosecution of family members or legal guardians, adding obstacles to family reunification, and increasing caseloads.
House Republicans criticized Democrats for not acting on these bills, along with several other GOP initiatives seeking to reform CYFD policies during the session.
“The most radical pieces of legislation in state history have rolled through committees, stripping the rights of New Mexicans, yet our children who need us the most have taken a back seat to the radical Democrats’ socialist pipedreams that hurt New Mexico families, destroy our economy, grow the government, and create career violent criminals,” read a House GOP statement.
Adrian Hedden can be reached at 575-628-5516, [email protected] or @AdrianHedden on the social media platform X.
This article originally appeared on Carlsbad Current-Argus: GOP slams New Mexico Democrats for inaction on fentanyl bills
Elaine Hadley is a dedicated journalist covering the ever-evolving landscape of U.S. news. With a keen interest in politics and a commitment to uncovering the truth, she provides insightful commentary and in-depth analysis on domestic issues. When not reporting, Elaine enjoys exploring the diverse cultures and landscapes of the United States.
