The Fentanyl Enforcement and Accountability Act of 2023 aims to address the growing public health crisis related to fentanyl and other controlled substances in Arkansas. The act introduces a new subchapter titled "Death by Delivery," which establishes severe penalties for individuals who knowingly deliver or convey fentanyl, methamphetamine, heroin, or cocaine, particularly if such actions result in death. Specifically, the act outlines various degrees of offenses, including aggravated death by delivery, death by delivery in the first and second degrees, and introduces the concept of predatory marketing of fentanyl to minors. Penalties for these offenses range from 20 years to life imprisonment, depending on the circumstances of the crime.

Additionally, the act amends existing definitions and provisions within the Arkansas Code, including the definition of "drug paraphernalia" to exclude single-use fentanyl test strips, and it enhances penalties for trafficking fentanyl. The act emphasizes that consensual ingestion is not a defense against prosecution and clarifies that the penalties outlined are in addition to any other criminal penalties under the Arkansas Criminal Code. An emergency clause is included, stating the immediate need for the act due to the alarming increase in drug overdose deaths involving fentanyl, thereby allowing the act to take effect immediately upon approval.

Statutes affected:
SB 283: 5-64-101(12), 5-64-421, 5-64-440(c)