Proposed law would increase fentanyl penalties and add death-resulting minimums

Courts would impose at least 3 years and 6 months for possessing, selling, or related handling of 20 grams or more of a fentanyl-class drug, and at least 7 years for 50 grams or more. The rule would cover heroin, crack cocaine, or fentanyl-class offenses involving the listed quantities, including added substances or fillers. Related acts within a 90-day period could be combined when calculating the quantity. A court could impose less than the minimum only if it finds, by clear and convincing evidence, that every listed eligibility condition is met. Those conditions include no recent violent felony, no violence or weapon involvement, no leadership role, substantial assistance to law enforcement before sentencing, required substance-use treatment or drug education, and no knowing use of a deceptive form such as counterfeit prescription pills. A lower sentence would require at least 3 years of probation, required testing and treatment or education, at least 250 hours of community service unless medically waived, and a suspended prison sentence of at least 3 years and 6 months for violations. The proposed rules would take effect January 1, 2027, if enacted.

Courts would impose at least 7 years in prison when a person manufactures, sells, or dispenses a fentanyl-class drug and the drug causes a death. The rule would apply when death results from injecting, inhaling, or ingesting the fentanyl-class drug, including added substances or fillers. A court could impose less than 7 years only if it finds, by clear and convincing evidence, that every listed eligibility condition is met. Those conditions include no violent felony or drug conviction within the past 10 years, no violence or weapon involvement, no leadership role, substantial assistance to law enforcement before sentencing, required substance-use treatment or drug education, and no knowing distribution in a deceptive form such as counterfeit prescription pills. A lower sentence would require at least 3 years of probation, required testing and treatment or education, at least 300 hours of community service unless medically waived, and a suspended prison sentence of at least 5 years for violations. The proposed rules would take effect January 1, 2027, if enacted.