photo by: W.Va. Legislative Photography

Lauren Cole’s parents, Michael and Cherie Cole, were honored in the West Virginia Senate Chamber Tuesday prior to the passage of Senate Bill 196, Lauren’s Law, increasing penalties for drug delivery causing death.

CHARLESTON — The West Virginia Senate passed a bill Tuesday that members hope will send a strong message to those peddling drugs laced with fentanyl.

The Senate passed Senate Bill 196, Lauren’s Law, in a 32-1 vote Tuesday morning, sending the bill to the House of Delegates.

SB 196 would amend the state’s existing criminal code related to controlled substances, increasing the severity of sentences for multiple drug offenses, including those convicted of distributing large quantities of heroin, cocaine, methamphetamine, and fentanyl.

“This is a good bill that takes direct aim at the purveyors of death and of chaos, of destruction, and of broken families,” said Senate Judiciary Committee Chairman Mike Stuart, R-Kanawha. “This is a good, strong bill that makes it clear where West Virginia stands.”

The bill increases the minimum sentence for manufacturing, delivering, or possessing with intent to manufacture or deliver Schedule I and Schedule II narcotics or methamphetamine from one year to three years and raises the maximum fine to $50,000.

The bill also introduces mandatory minimum sentences and restrictions on alternative sentencing for conspiracies involving large quantities of heroin, cocaine, methamphetamine, and fentanyl.

SB 196 introduces mandatory minimum sentences for transporting large quantities of heroin, cocaine, methamphetamine, and fentanyl into the state, along with restrictions on probation, home incarceration, and sentence suspension. Those convicted of transporting Schedule I and Schedule II narcotics or methamphetamine into the state could see between one and five years in prison at minimum, and between 15 years to 20 years at maximum.

The bill takes very specific aim at fentanyl, a potent synthetic opioid often combined in small doses with other illegal and prescription drugs. It increases the prison time for someone who knowingly distributes fentanyl alone or combined with other drugs to between three and 15 years in prison on top of a maximum $50,000 fine.

Those convicted of transporting one kilogram or more of heroin or five or more grams of fentanyl would be guilty of a felony if convicted and face not less than two 15 years nor more than 30 years, a mandatory sentence.

SB 196 was amended Monday to include a provision called Lauren’s Law. This provision addresses drug delivery resulting in death and the failure to render aid to someone experiencing a drug overdose. It increases the minimum sentence for drug delivery resulting in death from three years to 10 years, increasing the maximum sentence from 15 to 40 years.

The bill increases the minimum sentence for failing to seek medical assistance to someone overdosing from one year to two years and increases the maximum sentence from five to 10 years. Both sentences are mandatory, prohibiting the use of probation, home incarceration, or sentence suspension.

The provision is named for Lauren Renee Cole, 26, of Morgantown, who died July 9, 2020, due to fentanyl poisoning. A 2012 graduate of University High School, she graduated from West Virginia University with a degree in Social Work and was working towards a master’s degree. She battled with opioid addiction for 10 years beginning in high school.

In 2022, Benjamin Shreve and Tremayne Johnson were sentenced to 15 years in prison. According to news reports, Shreve and Cole had purchased heroin from Johnson that was laced with fentanyl.

“Lauren lived her last year suffering from substance use disorder. On July 9, 2020, Lauren was unknowingly sold a lethal dose of fentanyl,” said state Sen. Brian Helton, R-Fayette, the chairman of the Senate Select Committee on Substance Use Disorder and Mental Health and author of the Lauren’s Law amendment.

“She was deceived by someone that didn’t care,” Helton continued. “She was poisoned at the young age of 26. Lauren did not overdose on July 9, 2020: she was poisoned…Addiction does not discriminate. Our future depends on what we do today to serve those in need.”

Her parents, Michael and Cherie Cole, were on hand Tuesday for the vote on SB 196. Speaking before the Senate floor session, Michael Cole said the bill was necessary to make people think twice before sharing drugs that could contain fentanyl or not seeking medical aid in the event of someone’s overdose.

“From a West Virginia standpoint, it’s time we take a stand,” Michael Cole said. “Now we’re going to take a stand and say you’re not going to do it in our state. If you do, you’re going away. We needed to make those different penalties to deter that. We may not be able to stop the influx of drugs into our state and country, but what we can do is choke out the demand, increase the consequences and educate.”

“This is especially important to us in Morgantown, and to me in particular,” said state Sen. Michael Oliverio, R-Monongalia, who went to high school with Cole’s parents. “I know how important it is that her parents are here today to watch this vote. I ask that we continue to work together to put a wall around West Virginia to protect our young people from these horrible drug dealers and when they come to West Virginia, we put them in jail.”

In honor of Cole, her parents, friends, and community members came together to create Lauren’s Wish, a Morgantown-based non-profit founded to help others struggling with substance use disorder. Lauren’s Wish at Hazel’s House of Hope is a 24-bed facility that provides a safe place for those in active substance use disorder recovery. Lauren’s Wish also provides education and outreach services.

“We’re a safe non-judgmental environment, so our staff knows very well what they’re thinking, how they’re feeling, because they’ve been there themselves,” Michael Cole said. “The other thing it does it lets that family decompress and take a step back, knowing that their loved one is safe.”