SPONSOR: Haley
COMMITTEE ACTION: Voted "Do Pass" by the Standing Committee on Crime and Public Safety by a vote of 16 to 0.
This bill amends the offenses of drug trafficking in the first degree and drug trafficking in the second degree.
Currently, trafficking drugs in the first degree is a class B felony if the person knowingly distributes, delivers, manufactures, or produces, or attempts to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or carfentanil. It is a class A felony if the amount is 20 milligrams or more.
Trafficking drugs in the second degree is a class C felony if the person knowingly possesses or has under his or her control, purchases or attempts to purchase, or brings into this State more than 10 milligrams of fentanyl or carfentanil, and is a class B felony if the amount is 20 milligrams or more.
This bill amends the quantities of fentanyl for the offense of trafficking of drugs, in the first and second degree, as follows:
(1) Drug trafficking in the first degree is a class B felony for more than three but less than 14 milligrams of fentanyl;
(2) Drug trafficking in the first degree is a class A felony for at least 14 milligrams of fentanyl;
(3) Drug trafficking in the second degree is a class C felony for more than three but less than 14 milligrams of fentanyl;
(4) Drug trafficking in the second degree is a class B felony for at least 14 milligrams of fentanyl.
Under the offense of trafficking drugs in the first degree, trafficking any amount of carfentanil up to .05 milligrams is a class B felony, and trafficking more than .05 milligrams is a class A felony. Under the offense of trafficking drugs in the second degree, trafficking any amount of carfentanil up to .05 milligrams is a class C felony, and trafficking more than .05 milligrams is a class B felony.
This bill is similar to HB 49 (2025). PROPONENTS: Supporters say that this bill lowers the thresholds for fentanyl for establishing drug trafficking in the first and second degrees. Everyone knows someone who has been affected by this and fentanyl is more potent than many other drug. In 2023, there were over 1,900 deaths due to opioids and many of those involved fentanyl. Deaths did decrease last year, however.
Testifying in person for the bill were Representative Haley and Arnie C. Dienoff.
OPPONENTS: There was no opposition voiced to the committee.
Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.
Statutes affected: