Bill to tighten penalties for counterfeit drugs advances

Obenshain proposed SB 469 , that would change from a Class 2 misdemeanor to a Class 6 felony for those involved in the misbranding or adulteration of controlled substances.

“I was surprised when I learned that that was simply a Class 2 misdemeanor. And many of these drugs are being counterfeited and laced with fentanyl, and it is a primary source of much of this poisoning,” Obenshain said during the Senate Courts of Justice meeting.

When Obenshain asked for testimony during the meeting, he heard from numerous people about how fentanyl killed their family members and the harm it has brought to their communities.

Sean Foster, a Fairfax County resident, was the first to speak in front of the committee. Foster’s son Cayden was 18 when he died of a fentanyl overdose on Jan. 31, 2023.

“He died from what he thought was a Percocet. I don’t know where it was pressed. I don’t know if it was pressed in Mexico. It was pressed somewhere,” Foster said.

Foster spoke about his efforts to gain support from the Fairfax County Public Schools Superintendent, Dr. Michelle C. Reid. He has given talks to all age groups about how fentanyl can appear in any drug that someone sells without a permit, and how badly the seller can manipulate the substance.

“Dealt for profit. He sold this pill and killed my son for $35 when it took pennies to make it,” Foster said.

The bill was passed 13-0 by the committee on Jan. 17th and awaits a hearing in the Senate.

“As legislators, you can pass legislation that can help us get a hold of this from all aspects, not just a single focus. We can save our children, like mine,” Foster said.