This bill establishes a mandatory minimum sentence for individuals convicted of distributing controlled drugs that result in death, specifically targeting fentanyl class drugs. The proposed amendment to RSA 318-B:26, IX introduces new legal language that specifies any person who manufactures, sells, or dispenses fentanyl class drugs, including any adulterants or dilutants, will be strictly liable for any resulting death and may face a minimum sentence of 10 years imprisonment. The bill also clarifies that the act of manufacturing, dispensing, or selling a substance is considered the cause of death if the substance was a necessary factor in the death occurring, regardless of the decedent's actions leading to their own death.

Additionally, the bill modifies existing language by removing references to lysergic acid diethylamide (LSD) and includes new provisions that maintain strict liability for deaths resulting from the distribution of other controlled drugs classified in schedules I or II. The effective date for this legislation is set for January 1, 2026. The fiscal impact of the bill is currently 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