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's use directly leads to the death, regardless of the decedent's actions.

The bill also removes the mention of lysergic acid diethylamide (LSD) from the list of controlled substances and excludes fentanyl class drugs from the general liability provisions applicable to other controlled drugs. The effective date for this legislation is set for January 1, 2026. The fiscal impact of the bill is indeterminable, as it may affect the judicial and correctional systems, potentially influencing costs related to prosecution, incarceration, probation, and parole for the state and local governments.

Statutes affected:
Introduced: 318-B:26
As Amended by the Senate: 318-B:26