The bill HB2802 seeks to impose stricter penalties for fentanyl-related offenses by establishing specific sentencing ranges for crimes such as possession for sale, manufacturing, and transportation of narcotic drugs containing two or more milligrams of fentanyl. It introduces mandatory minimum sentences of five years for first-time offenders and ten years for repeat offenders, with maximum sentences of 15 and 20 years, respectively. Additionally, the bill creates "drug-free neighborhood zones" around sensitive locations, where selling or transferring fentanyl would result in enhanced penalties, including increased fines and mandatory minimum sentences. Individuals convicted of these offenses would not be eligible for probation or early release, although there is an exemption for those transferring a single unit dose of fentanyl.

Key changes from current law include the introduction of defined sentencing ranges for fentanyl offenses, the establishment of drug-free neighborhood zones with visible signage, and the requirement for local authorities to maintain maps of these zones. The definition of a "drug-free neighborhood zone" is broadened to encompass areas around hospitals, nursing homes, drug treatment centers, and public parks. The bill aims to enhance community safety and awareness regarding drug-related activities, but it was vetoed by the Governor due to concerns about potentially criminalizing substance use disorder rather than focusing on treatment.

Statutes affected:
Introduced Version: 13-3408
House Engrossed Version: 13-3408
Senate Engrossed Version: 13-3408
Conference Engrossed Version: 13-3408, 13-3411, 13-3424, 36-2850, 36-2852, 36-2853, 13-703, 13-704, 13-706, 13-708, 41-1604.07, 31-233