While major cities in California like San Francisco, San Diego, and Sacramento have historically adopted more lenient approaches to drug-related offenses, the tactics are changing in the counties surrounding these progressive hubs, according to the Washington Examiner. With a growing presence of tough-on-crime leadership, counties on the outskirts are intensifying their efforts to combat drug-related crimes, mainly focusing on the surge in fentanyl-related incidents. Riverside County is an example of an extreme crackdown on fentanyl dealers, and San Francisco is also on board with similar strategies. 

Riverside County’s Legal Crackdown

District Attorney Mike Hestrin of Riverside County has taken a bold stance in the fight against fentanyl, charging 34 alleged fentanyl suppliers with homicide over three years. 

Hestrin achieved a significant milestone by securing the first guilty verdict for a drug-related murder case in the state last year. Vicente David Romero was found guilty of second-degree murder for providing a pill containing a lethal dose of fentanyl to Kelsey King, who believed it to be oxycodone.

The Legal Framework 

While California lacks specific legislation categorizing fentanyl-related deaths as murder, prosecutors like Hestrin are leveraging the Watson murder rule.

This legal doctrine, commonly applied in cases involving intoxicated drivers, allows for murder charges when people knowingly disregard the risks of their actions. However, defense attorneys argue the constitutionality of applying murder charges without explicit legislative backing.

Changing Dynamics and Legal Challenges

The decision to pursue severe charges in fentanyl-related cases has sparked debates over its impact on prison populations. Critics argue that harsh penalties contribute to overcrowding in state prisons. 

Locking up addicted people who are also involved in drug dealing presents a complex dilemma. On one hand, their activities pose significant risks to public safety. Fentanyl is highly potent, and even small amounts can be lethal. At the same time, incarceration may not effectively address the root causes of their behavior, such as addiction and socioeconomic factors. People struggling with addiction may face other health risks and challenges in overcoming their addiction, especially when involved in the criminal justice system. 

The prison system’s focus on punishment over rehabilitation may not yield long-term positive outcomes and could contribute to issues such as overcrowded prisons and strained resources. 

However, prosecutors from both sides of the political spectrum contend that stringent measures send a clear message to lethal drug suppliers about the gravity of their actions.

San Francisco’s Response 

San Francisco District Attorney Brooke Jenkins, who took office amidst concerns about leniency towards crime, emphasizes the importance of holding fentanyl suppliers accountable for their actions. By pursuing homicide charges, Jenkins aims to convey a strong message that such offenses against vulnerable people will not be tolerated.

Political Shifts and Law Enforcement Strategies

California’s approach to crime has transformed in response to mounting pressure from voters and political stakeholders. Both Republicans and some Democrats are advocating for stricter measures against crime, homelessness, and the fentanyl crisis, especially in urban centers. Recent initiatives, such as Orange County’s anti-crime campaign, highlight the broader shift towards prioritizing law enforcement efforts.

Efforts to address the fentanyl crisis extend beyond legal proceedings to public awareness campaigns and enforcement actions. Initiatives like the billboard displaying the faces of Sacramento overdose victims aim to raise awareness about the severity of fentanyl overdoses. Law enforcement agencies, including the state’s National Guard, have seized substantial amounts of fentanyl at ports of entry, underscoring the scale of the problem.

Opioid Use Disorder and Fentanyl in California

In Riverside County, opioid use disorder has been a pressing concern, with statistics indicating a rise in fentanyl-related incidents. Similarly, neighboring Orange County has witnessed an uptick in theft crimes, prompting law enforcement agencies to implement anti-crime campaigns. The alarming number of fentanyl overdoses, which claimed 6,473 lives in 2022, underscores the urgency of addressing the crisis. The seizures of 62,224 pounds of fentanyl by the state’s National Guard in 2023 highlight the magnitude of the issue at hand.

The evolving legal landscape surrounding fentanyl in California reflects a broader shift towards stricter law enforcement measures, transcending political divides. 

Progressive cities tend to be more lenient, while conservative counties are intensifying fentanyl crisis efforts. However, the constitutionality of applying murder charges in fentanyl-related cases remains a challenge.