FRANKFORT — The Kentucky state Senate unanimously condemned the “dealing in death” by heroin traffickers Tuesday by classifying trafficking in any amount of heroin sales as a Class C felony.

Senate Bill 14, sponsored by Sen. John Schickel, R-Union, essentially repeals part of an earlier drug sentencing reform which tried to differentiate between “commercial traffickers” and those addicts who sell small amounts to support their habits.

Under that bill, known as House Bill 463, amounts of 2 grams or less were considered a Class D felony and many offenders were often offered diversion or drug treatment.

Schickel said he voted for HB 463, which passed with bi-partisan support in 2009: “We all had good intentions, but in retrospect I think it was a mistake,” he said on the Senate floor.

Schickel said Kentucky’s overdose death rate prior to passage of HB 463 was below the national average but exceeded it in the year after passage and has increased each year since.

Part of the reason for that was a crackdown on prescription painkillers in Kentucky. As addicts lost access to pain pills many turned to heroin.

But the reason for addiction or the amount doesn’t change the impact, Schickel said, and sellers should pay the price.

“If you’re dealing in heroin, being an addict is no excuse,” Schickel said. “If you’re dealing in heroin, you’re dealing in death.”

The bill passed 36-0, although it prompted several floor speeches recounting personal brushes with heroin addiction and calls for addressing root causes of the despair which can lead to addiction.

Sen. Max Wise, R-Campbellsville, described the anguish of his wife and her family over the overdose death of a brother who seemed to have a bright future as a chef but couldn’t break his addiction.

Sen. Ray Jones, D-Pikeville, talked of a young man who paged for him in the Senate, borrowed suits from him to attend law school, and then died of an over dose from heroin. Jones gave the eulogy at his funeral.

But Jones, an attorney who is married to a physician, also took to task his Republican colleagues who have passed medical review panels to protect physicians from liability or what Republicans see as frivolous suits which drive up medical costs.

Jones pointed out that the addiction problem began with prescription pain killers and asked “who is prescribing all these drugs?”

Sen. Ralph Alvarado, R-Winchester, a practicing physician, took offense and said anecdotal evidence provided by the Clay County sheriff indicates many of the prescriptions are written by out of state doctors.

Jones responded by listing news accounts of several doctors from various sections of the state arrested for drug trafficking.

Sen. Robin Webb, D-Grayson, said she supports the bill but said there is reason to treat small-time traffickers differently from commercial dealers.

Addiction she said is “irrational” and often doesn’t respond to deterrence. It’s often the result of a complex set of problems and isn’t easily explained by just a lack of personal responsibility.

But in the end, the bill passed with without dissent and now goes to the House.

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.