Fentanyl manufacturing and distribution would carry penalties based on weight

Courts would use Class ID for 10 to under 28 grams, Class IC for 28 to under 140 grams, and Class IB for 140 grams or more. These rules cover making, supplying, or holding fentanyl with intent to make or supply it. Fentanyl includes related chemical forms and substances listed in Schedule I, section 28-405(a)(111). The person must act knowingly or intentionally without authorization under state drug law. A mixture's total weight would count if it contains a detectable amount of fentanyl.

Courts would use the next higher penalty category for a first offense and another category higher for a repeat offense. Covered acts include supplying drugs to someone under 18, within 1,000 feet of schools, colleges, or playgrounds, or within 100 feet of youth centers, public pools, or video arcades. They also include involving someone under 18 in making, moving, or supplying drugs, or helping others do so. The person must be at least 18 and act without authorization under state drug law. Supplying drugs must be knowing or intentional; involving a minor in drug activity must be both knowing and intentional. Not knowing the minor's age would not be a defense. The penalty could not exceed a Class IB felony.

Courts would use the next higher fentanyl penalty category, capped at a Class IB felony. These rules cover convictions for illegally making or supplying fentanyl, or holding it with intent to make or supply it. The person must knowingly or intentionally possess a firearm during the drug offense, or the offense must lead to drug use that directly causes another person's death or serious injury.