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Some California D.A.s are fighting fentanyl with murder charges. Why San Francisco will join them

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Some California D.A.s are fighting fentanyl with murder charges. Why San Francisco will join them

County by county in California, as fentanyl overdoses escalate, local prosecutors are turning to a novel legal strategy to stem the spiraling death toll: charging drug dealers with murder.

In July, Placer County reached a landmark plea deal that sent a man to prison for 15 years-to-life on charges of second-degree murder after he provided a Roseville teenager with a fentanyl-contaminated pill that proved lethal.

A month later, a Riverside County jury issued a first-of-its-kind verdict against another man who supplied a lethal dose of a fentanyl-laced pill to a 26-year-old woman. He also was found guilty of second-degree murder and sentenced to at least 15 years in prison.

District attorneys in Sacramento, Fresno, San Joaquin, San Bernardino and San Diego counties are using similar blueprints: going after alleged fentanyl dealers for homicide rather than drug sales, in hopes that the threat of harsher criminal penalties will ease an opioid crisis that killed more than 7,300 Californians in 2022.

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Many of the counties adopting the aggressive legal strategy are in “purple” or “red” areas of California, where more conservative law enforcement leaders have long embraced a tough-on-crime philosophy. Now, San Francisco city leaders — famous for their ultraliberal politics — are preparing to follow suit.

Mayor London Breed, police officials and Dist. Atty. Brooke Jenkins are in the final stages of forming a law enforcement task force charged with investigating opioid deaths and illicit drug dealing in the city as potential homicide cases. The effort is set to launch this spring.

In an October statement announcing the initiative, Breed said people selling the synthetic opioid are “on notice that pushing this drug could lead to homicide charges.” Jenkins said the effort would make it easier to hold dealers “accountable for the true dangerousness of their conduct.”

It’s a remarkable shift in rhetoric and strategy for a city regularly lambasted by right-wing pundits as an anything-goes sanctuary for drug dealers and users. The new approach marks a decided bow to mounting pressure from residents and business leaders for the city to rein in an illicit drug culture that has fed the ranks of homelessness and transformed some downtown neighborhoods into squalid open-air drug markets where people are using — and dying — in the streets.

The move toward tougher penalties for dealers comes after other high-profile public initiatives have failed to turn the tide in San Francisco’s drug deaths. In late 2021, Breed declared a state of emergency in the Tenderloin area that in theory made it easier to expand and connect users with treatment and detox services.

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In May of last year, Democratic Gov. Gavin Newsom deployed the California National Guard and California Highway Patrol to San Francisco to assist with investigations and prosecution of drug trafficking networks supplying the Tenderloin and South of Market neighborhoods. As of late January, the operation had resulted in 460 arrests and the confiscation of 18,000 grams of fentanyl and 5,000 grams of methamphetamine, according to the governor’s office.

Breed also is sponsoring a controversial March ballot measure to require drug screening for certain people receiving welfare benefits, which she says will push more people into treatment.

Despite the attention, accidental overdose deaths have increased over the last year, surging to a record high of 806 in 2023. Most of those cases — at least 653 — involved fentanyl, according to preliminary data from the San Francisco chief medical examiner’s office.

“The reason why I’ve given clear direction to be much more aggressive in tackling this problem has a lot to do with the loss of life, and also the violence surrounding the drug market,” said Breed, who has shared her story of losing a sister to a drug overdose nearly 20 years ago.

“Because of the number of overdoses, and because it’s directly linked to the drugs, there needs to be a link to the people who are selling this poison that is actually killing people,” she said.

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That doesn’t mean every overdose case will be prosecuted as a murder. Instead, investigators will take a “very targeted approach,” Jenkins said. Investigators will work closely with the medical examiner’s office and police to respond quickly to reported deaths and collect evidence that could tie the overdose to a specific drug sale.

Counties leading the charge on the new approach have found such cases tricky to prosecute. Prosecutors have to convince a jury that the person who provided the drug bears responsibility for the overdose, and knew the sale could result in death. District attorneys are treading cautiously and so far have filed only a handful of cases — even as some of these counties record hundreds of overdose deaths each year.

Riverside County has been among the most aggressive in employing the tactic, having filed 34 cases against alleged dealers. Still, that’s a fraction of the 572 opioid overdose deaths the county recorded in 2022, according to California Department of Public Health data. Dist. Atty. Michael Hestrin said his office targets cases where attorneys believe they can show that a dealer is clearly aware of the deadly risks associated with fentanyl and chose to “disregard that danger” in pursuit of profit.

By comparison, Placer County has filed five fentanyl-related homicide cases; Sacramento and San Bernardino, four; San Diego, eight; and Fresno, one.

“This should be used sparingly, and only in those instances where it’s warranted,” said Placer County Dist. Atty. Morgan Gire. “But when it’s warranted, we will do it.”

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The tactic has not gained much traction in Los Angeles County, where Dist. Atty. George Gascón has focused resources on addiction prevention efforts and targeting high-level manufacturers and traffickers for prosecution. But some of the candidates running against him in the March primary appear to support the approach.

Such cases hinge on time-consuming investigations, district attorneys employing the strategy said. Investigators dig through cellphone records, text messages, social media accounts and other communications in search of evidence that a dealer knew the product was dangerous.

Gire said his office reviews a defendant’s background, sales history and communications with customers. How did they obtain the fentanyl? Have they been around people who died from an overdose? Have they experimented with the drug or overdosed themselves?

“To prove someone knows something, we have to prove what they’re thinking. We have to get inside their head,” Gire said. “And the best way for us to do that is through things they say and things they do.”

That model could be hard to replicate in San Francisco.

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Many of the county prosecutors interviewed said they started filing murder charges after noticing an uptick in the number of seemingly healthy young people dying of overdoses in their community, usually after purchasing a drug online. Often, the cases involve teens experimenting with pills — who might not know the drug they bought was laced with fentanyl — rather than hard-core addicts.

San Francisco’s crisis, in comparison, is most visible and visceral within the homeless population, whose ranks include longtime addicts who obtain drugs from multiple sources.

“Many of the deaths, particularly on the street, are not going to lend themselves to us being able to track down who the seller was,” Jenkins said.

Jenkins’ team is seeking training from San Diego County, which shares some of San Francisco’s struggles with homeless drug deaths. The county has charged eight defendants with homicide in fentanyl-related deaths since 2017, said San Diego County Dist. Atty. Summer Stephan.

Opponents to San Francisco’s task force are quick to point out the lack of empirical data showing that prosecuting street dealers for homicide and sending them to prison for longer terms is proving an effective deterrent. Several of the prosecutors interviewed by The Times said they could point to only anecdotal evidence that the strategy is intimidating would-be dealers.

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Keith Humphreys, a professor of psychiatry at Stanford who studies addiction, was skeptical that dangling murder charges over low-level dealers would cause a disruption in the drug supply chain.

“They’re very low-skilled labor. You can spend your half a million, million dollars per, to put them in a state prison system, but they’ll be replaced almost instantly,” Humphreys said. “It’s not out of sympathy that I say we can’t just continually arrest people on the corner. … It’s just futile.”

Instead, Humphreys advocates for more widespread availability of the overdose-reversing nasal spray known as Narcan and for insurance companies to cover substantive mental health and addiction treatment.

Several critics of the new effort say the city won’t make real headway until its leaders deal with the root causes of addiction, including a shortage of affordable housing and effective treatment options and a faltering social safety net.

“A purely punitive approach, it just doesn’t work. If it would have worked, it would have worked over the past 100 years,” said San Francisco Supervisor Hillary Ronen, whose district includes the Mission, another neighborhood struggling with open drug use.

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And some speculated, cynically, that the task force is a calculated attempt to build goodwill among voters during an election year in which both Breed and Jenkins are up for reelection. Breed faces a particularly tough reelection bid against at least three other contenders.

Breed has held firm against the criticism. She agrees that encouraging more people to seek treatment is a laudable goal. But, she said, city leaders also have to be “willing to make the hard decisions to make change” and hold people accountable.

“Selling poison should not be protected,” Breed said. “I am frustrated with the criticism for taking too hard of a stance and saying that people have no other way, or no other option. I don’t agree with that.”

Jenkins also insists the initiative isn’t about politics or criminalizing drug users in the throes of addiction.

“I think that is an elementary argument that’s easy for them to make,” she said. “They aren’t responsible for saving the lives of the people that are dying on their streets. I am.”

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Commentary: My toothache led to a painful discovery: The dental care system is full of cavities as you age

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Commentary: My toothache led to a painful discovery: The dental care system is full of cavities as you age

I had a nagging toothache recently, and it led to an even more painful revelation.

If you X-rayed the state of oral health care in the United States, particularly for people 65 and older, the picture would be full of cavities.

“It’s probably worse than you can even imagine,” said Elizabeth Mertz, a UC San Francisco professor and Healthforce Center researcher who studies barriers to dental care for seniors.

Mertz once referred to the snaggletoothed, gap-filled oral health care system — which isn’t really a system at all — as “a mess.”

But let me get back to my toothache, while I reach for some painkiller. It had been bothering me for a couple of weeks, so I went to see my dentist, hoping for the best and preparing for the worst, having had two extractions in less than two years.

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Let’s make it a trifecta.

My dentist said a molar needed to be yanked because of a cellular breakdown called resorption, and a periodontist in his office recommended a bone graft and probably an implant. The whole process would take several months and cost roughly the price of a swell vacation.

I’m lucky to have a great dentist and dental coverage through my employer, but as anyone with a private plan knows, dental insurance can barely be called insurance. It’s fine for cleanings and basic preventive routines. But for more complicated and expensive procedures — which multiply as you age — you can be on the hook for half the cost, if you’re covered at all, with annual payout caps in the $1,500 range.

“The No. 1 reason for delayed dental care,” said Mertz, “is out-of-pocket costs.”

So I wondered if cost-wise, it would be better to dump my medical and dental coverage and switch to a Medicare plan that costs extra — Medicare Advantage — but includes dental care options. Almost in unison, my two dentists advised against that because Medicare supplemental plans can be so limited.

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Sorting it all out can be confusing and time-consuming, and nobody warns you in advance that aging itself is a job, the benefits are lousy, and the specialty care you’ll need most — dental, vision, hearing and long-term care — are not covered in the basic package. It’s as if Medicare was designed by pranksters, and we’re paying the price now as the percentage of the 65-and-up population explodes.

So what are people supposed to do as they get older and their teeth get looser?

A retired friend told me that she and her husband don’t have dental insurance because it costs too much and covers too little, and it turns out they’re not alone. By some estimates, half of U.S. residents 65 and older have no dental insurance.

That’s actually not a bad option, said Mertz, given the cost of insurance premiums and co-pays, along with the caps. And even if you’ve got insurance, a lot of dentists don’t accept it because the reimbursements have stagnated as their costs have spiked.

But without insurance, a lot of people simply don’t go to the dentist until they have to, and that can be dangerous.

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“Dental problems are very clearly associated with diabetes,” as well as heart problems and other health issues, said Paul Glassman, associate dean of the California Northstate University dentistry school.

There is one other option, and Mertz referred to it as dental tourism, saying that Mexico and Costa Rica are popular destinations for U.S. residents.

“You can get a week’s vacation and dental work and still come out ahead of what you’d be paying in the U.S.,” she said.

Tijuana dentist Dr. Oscar Ceballos told me that roughly 80% of his patients are from north of the border, and come from as far away as Florida, Wisconsin and Alaska. He has patients in their 80s and 90s who have been returning for years because in the U.S. their insurance was expensive, the coverage was limited and out-of-pocket expenses were unaffordable.

“For example, a dental implant in California is around $3,000-$5,000,” Ceballos said. At his office, depending on the specifics, the same service “is like $1,500 to $2,500.” The cost is lower because personnel, office rent and other overhead costs are cheaper than in the U.S., Ceballos said.

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As we spoke by phone, Ceballos peeked into his waiting room and said three patients were from the U.S. He handed his cellphone to one of them, San Diegan John Lane, who said he’s been going south of the border for nine years.

“The primary reason is the quality of the care,” said Lane, who told me he refers to himself as 39, “with almost 40 years of additional” time on the clock.

Ceballos is “conscientious and he has facilities that are as clean and sterile and as medically up to date as anything you’d find in the U.S.,” said Lane, who had driven his wife down from San Diego for a new crown.

“The cost is 50% less than what it would be in the U.S.,” said Lane, and sometimes the savings is even greater than that.

Come this summer, Lane may be seeing even more Californians in Ceballos’ waiting room.

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“Proposed funding cuts to the Medi-Cal Dental program would have devastating impacts on our state’s most vulnerable residents,” said dentist Robert Hanlon, president of the California Dental Assn.

Dental student Somkene Okwuego smiles after completing her work on patient Jimmy Stewart, 83, who receives affordable dental work at the Ostrow School of Dentistry of USC on the USC campus in Los Angeles on February 26, 2026.

(Genaro Molina / Los Angeles Times)

Under Proposition 56’s tobacco tax in 2016, supplemental reimbursements to dentists have been in place, but those increases could be wiped out under a budget-cutting proposal. Only about 40% of the state’s dentists accept Medi-Cal payments as it is, and Hanlon told me a CDA survey indicates that half would stop accepting Medi-Cal patients and many others will accept fewer patients.

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“It’s appalling that when the cost of providing healthcare is at an all-time high, the state is considering cutting program funding back to 1990s levels,” Hanlon said. “These cuts … will force patients to forgo or delay basic dental care, driving completely preventable emergencies into already overcrowded emergency departments.”

Somkene Okwuego, who as a child in South L.A. was occasionally a patient at USC’s Herman Ostrow School of Dentistry clinic, will graduate from the school in just a few months.

I first wrote about Okwuego three years ago, after she got an undergrad degree in gerontology, and she told me a few days ago that many of her dental patients are elderly and have Medi-Cal or no insurance at all. She has also worked at a Skid Row dental clinic, and plans after graduation to work at a clinic where dental care is free or discounted.

Okwuego said “fixing the smiles” of her patients is a privilege and boosts their self-image, which can help “when they’re trying to get jobs.” When I dropped by to see her Thursday, she was with 83-year-old patient Jimmy Stewart.

Stewart, an Army veteran, told me he had trouble getting dental care at the VA and had gone years without seeing a dentist before a friend recommended the Ostrow clinic. He said he’s had extractions and top-quality restorative care at USC, with the work covered by his Medi-Cal insurance.

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I told Stewart there could be some Medi-Cal cuts in the works this summer.

“I’d be screwed,” he said.

Him and a lot of other people.

steve.lopez@latimes.com

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Diablo Canyon clears last California permit hurdle to keep running

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Diablo Canyon clears last California permit hurdle to keep running

Central Coast Water authorities approved waste discharge permits for Diablo Canyon nuclear plant Thursday, making it nearly certain it will remain running through 2030, and potentially through 2045.

The Pacific Gas & Electric-owned plant was originally supposed to shut down in 2025, but lawmakers extended that deadline by five years in 2022, fearing power shortages if a plant that provides about 9 percent the state’s electricity were to shut off.

In December, Diablo Canyon received a key permit from the California Coastal Commission through an agreement that involved PG&E giving up about 12,000 acres of nearby land for conservation in exchange for the loss of marine life caused by the plant’s operations.

Today’s 6-0 vote by the Central Coast Regional Water Board approved PG&E’s plans to limit discharges of pollutants into the water and continue to run its “once-through cooling system.” The cooling technology flushes ocean water through the plant to absorb heat and discharges it, killing what the Coastal Commission estimated to be two billion fish each year.

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The board also granted the plant a certification under the Clean Water Act, the last state regulatory hurdle the facility needed to clear before the federal Nuclear Regulatory Commission (NRC) is allowed to renew its permit through 2045.

The new regional water board permit made several changes since the last one was issued in 1990. One was a first-time limit on the chemical tributyltin-10, a toxic, internationally-banned compound added to paint to prevent organisms from growing on ship hulls.

Additional changes stemmed from a 2025 Supreme Court ruling that said if pollutant permits like this one impose specific water quality requirements, they must also specify how to meet them.

The plant’s biggest water quality impact is the heated water it discharges into the ocean, and that part of the permit remains unchanged. Radioactive waste from the plant is regulated not by the state but by the NRC.

California state law only allows the plant to remain open to 2030, but some lawmakers and regulators have already expressed interest in another extension given growing electricity demand and the plant’s role in providing carbon-free power to the grid.

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Some board members raised concerns about granting a certification that would allow the NRC to reauthorize the plant’s permits through 2045.

“There’s every reason to think the California entities responsible for making the decision about continuing operation, namely the California [Independent System Operator] and the Energy Commission, all of them are sort of leaning toward continuing to operate this facility,” said boardmember Dominic Roques. “I’d like us to be consistent with state law at least, and imply that we are consistent with ending operation at five years.”

Other board members noted that regulators could revisit the permits in five years or sooner if state and federal laws changes, and the board ultimately approved the permit.

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Deadly bird flu found in California elephant seals for the first time

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Deadly bird flu found in California elephant seals for the first time

The H5N1 bird flu virus that devastated South American elephant seal populations has been confirmed in seals at California’s Año Nuevo State Park, researchers from UC Davis and UC Santa Cruz announced Wednesday.

The virus has ravaged wild, commercial and domestic animals across the globe and was found last week in seven weaned pups. The confirmation came from the U.S. Department of Agriculture’s National Veterinary Services Laboratory in Ames, Iowa.

“This is exceptionally rapid detection of an outbreak in free-ranging marine mammals,” said Professor Christine Johnson, director of the Institute for Pandemic Insights at UC Davis’ Weill School of Veterinary Medicine. “We have most likely identified the very first cases here because of coordinated teams that have been on high alert with active surveillance for this disease for some time.”

Since last week, when researchers began noticing neurological and respoiratory signs of the disease in some animals, 30 seals have died, said Roxanne Beltran, a professor of ecology and evolutionary biology at UC Santa Cruz. Twenty-nine were weaned pups and the other was an adult male. The team has so far confirmed the virus in only seven of the dead pups.

Infected animals often have tremors convulsions, seizures and muscle weakness, Johnson said.

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Beltran said teams from UC Santa Cruz, UC Davis and California State Parks monitor the animals 260 days of the year, “including every day from December 15 to March 1” when the animals typically come ashore to breed, give birth and nurse.

The concerning behavior and deaths were first noticed Feb. 19.

“This is one of the most well-studied elephant seal colonies on the planet,” she said. “We know the seals so well that it’s very obvious to us when something is abnormal. And so my team was out that morning and we observed abnormal behaviors in seals and increased mortality that we had not seen the day before in those exact same locations. So we were very confident that we caught the beginning of this outbreak.”

In late 2022, the virus decimated southern elephant seal populations in South America and several sub-Antarctic Islands. At some colonies in Argentina, 97% of pups died, while on South Georgia Island, researchers reported a 47% decline in breeding females between 2022 and 2024. Researchers believe tens of thousands of animals died.

More than 30,000 sea lions in Peru and Chile died between 2022 and 2024. In Argentina, roughly 1,300 sea lions and fur seals perished.

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At the time, researchers were not sure why northern Pacific populations were not infected, but suspected previous or milder strains of the virus conferred some immunity.

The virus is better known in the U.S. for sweeping through the nation’s dairy herds, where it infected dozens of dairy workers, millions of cows and thousands of wild, feral and domestic mammals. It’s also been found in wild birds and killed millions of commercial chickens, geese and ducks.

Two Americans have died from the virus since 2024, and 71 have been infected. The vast majority were dairy or commercial poultry workers. One death was that of a Louisiana man who had underlying conditions and was believed to have been exposed via backyard poultry or wild birds.

Scientists at UC Santa Cruz and UC Davis increased their surveillance of the elephant seals in Año Nuevo in recent years. The catastrophic effect of the disease prompted worry that it would spread to California elephant seals, said Beltran, whose lab leads UC Santa Cruz’s northern elephant seal research program at Año Nuevo.

Johnson, the UC Davis researcher, said the team has been working with stranding networks across the Pacific region for several years — sampling the tissue of birds, elephant seals and other marine mammals. They have not seen the virus in other California marine mammals. Two previous outbreaks of bird flu in U.S. marine mammals occurred in Maine in 2022 and Washington in 2023, affecting gray and harbor seals.

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The virus in the animals has not yet been fully sequenced, so it’s unclear how the animals were exposed.

“We think the transmission is actually from dead and dying sea birds” living among the sea lions, Johnson said. “But we’ll certainly be investigating if there’s any mammal-to-mammal transmission.”

Genetic sequencing from southern elephant seal populations in Argentina suggested that version of the virus had acquired mutations that allowed it to pass between mammals.

The H5N1 virus was first detected in geese in China in 1996. Since then it has spread across the globe, reaching North America in 2021. The only continent where it has not been detected is Oceania.

Año Nuevo State Park, just north of Santa Cruz, is home to a colony of some 5,000 elephant seals during the winter breeding season. About 1,350 seals were on the beach when the outbreak began. Other large California colonies are located at Piedras Blancas and Point Reyes National Sea Shore. Most of those animals — roughly 900 — are weaned pups.

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It’s “important to keep this in context. So far, avian influenza has affected only a small proportion of the weaned at this time, and there are still thousands of apparently healthy animals in the population,” Beltran said in a press conference.

Public access to the park has been closed and guided elephant seal tours canceled.

Health and wildlife officials urge beachgoers to keep a safe distance from wildlife and keep dogs leashed because the virus is contagious.

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