This bill establishes a mandatory minimum sentence for individuals convicted of distributing controlled drugs that result in death, specifically targeting fentanyl and its analogs. The proposed amendments to RSA 318-B:26, IX include the insertion of new language that specifies any person who manufactures, sells, or dispenses a fentanyl class drug, including any adulterants or dilutants, is strictly liable for a resulting death and must face a minimum sentence of 10 years imprisonment. Additionally, the bill clarifies that the act of manufacturing, dispensing, or selling a substance is considered the cause of death if the substance was an antecedent to the death, and it removes the previous mention of lysergic acid diethylamide (LSD) from the list of controlled substances.

The bill also emphasizes that it is not a defense for the accused that the deceased contributed to their own death through their actions related to the substance. Furthermore, it states that a conviction under this section will not merge with other drug-related convictions, ensuring that individuals can face multiple charges for their actions. The act is set to take effect on January 1, 2026, and while it is expected to have indeterminable fiscal impacts on state and local judicial and correctional systems, no specific revenue changes are anticipated.

Statutes affected:
Introduced: 100-A:1, 100-A:3, 100-A:4, 100-A:5
As Amended by the House: 100-A:1, 100-A:3, 100-A:4, 100-A:5
Version adopted by both bodies: 100-A:1, 100-A:3, 100-A:4, 100-A:5
CHAPTERED FINAL VERSION: 100-A:1, 100-A:3, 100-A:4, 100-A:5