June 22, 2023 12:48PM # Harsh Fentanyl Laws: Doubling Down on the Wrong Approach By [Jeffrey Miron](https://www.cato.org/people/jeffrey-miron) --- SHARE This article appeared on [Substack](https://jeffreymiron.substack.com/) on June 22, 2023 The New York Times [reports](https://www.nytimes.com/2023/06/21/health/fentanyl-overdose-crisis.html) that multiple states are responding to the opioid overdose crisis by passing harsh new laws aimed at fentanyl: > In the 2023 legislative session alone, hundreds of fentanyl crime bills were introduced in at least 46 states, according to the National Conference on State Legislatures. Virginia lawmakers [codified](https://www.virginiamercury.com/2023/02/23/as-fentanyl-surges-virginia-lawmakers-debate-how-far-criminal-penalties-should-go/) fentanyl as “a [weapon of terrorism](https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB1188#:~:text=The%20bill%20provides%20that%20any,of%20a%20Class%204%20felony.).” An [Iowa law](https://qctimes.com/news/state-and-regional/govt-and-politics/iowa-gov-kim-reynolds-signs-fentanyl-overdose-penalty-hikes-into-law-as-ernst-introduces-federal/article_d3d80720-2484-58bc-972b-8315db8f8124.html#:~:text=Under%20the%20new%20law%2C%20fentanyl,fine%20of%20up%20to%20%24100%2C000.) makes the sale or manufacture of less than five grams of fentanyl — roughly the weight of five paper clips — punishable by up to 10 years in prison. Arkansas and [Texas](https://thehill.com/homenews/state-watch/4051344-texas-law-murder-charge-fentanyl-death/) recently joined some [30 states](https://legislativeanalysis.org/good-samaritan-fatal-overdose-prevention-and-drug-induced-homicide-summary-of-state-laws/), including [Pennsylvania, Colorado and Wyoming](https://pdaps.org/datasets/drug-induced-homicide-1529945480-1549313265-1559075032), that have a [drug-induced homicide](https://www.healthinjustice.org/drug-induced-homicide) statute on the books, allowing murder prosecutions even of people who share drugs socially that contain lethal fentanyl doses. This approach is deeply misguided. Rather than further criminalizing fentanyl, federal and state governments should [legalize](https://www.cato.org/policy-analysis/overdosing-regulation-how-government-caused-opioid-epidemic) it, along with all other opioids (and all other illegal drugs). Most overdoses from illicit drugs result from accidental consumption of excessively potent or adulterated versions, since quality control is difficult in an underground market. That reflects the [Iron Law of Prohibition](https://www.cato.org/blog/iron-law-prohibition-introducing-tranq). In a legal market, fentanyl would be widely available, but in clearly marked dosages, allowing users to consume without risk of overdose. That is what occurs now for other legal but potentially dangerous products, such as alcohol or over-the-counter medications like [acetaminophen](https://www.ncbi.nlm.nih.gov/books/NBK548162/#:~:text=Harmless%20at%20low%20doses%2C%20acetaminophen,cause%20transient%20serum%20aminotransferase%20elevations.) (Tylenol). Overdoes occur for legal “drugs,” but they are rare and reflect deliberate excessive consumption. Governments almost always try to fix society’s problems with more government. When the original problem resulted from too much government, that approach is especially unfortunate. [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).