This bill introduces mandatory minimum sentences for specific fentanyl-related offenses, amending RSA 318-B:26, I(a). The new legal language specifies that possession of a fentanyl class drug in quantities of 20 grams or more will result in a minimum term of imprisonment of 3 years and 6 months, while possession of 50 grams or more will carry a minimum term of 7 years. Additionally, if a defendant cooperates with law enforcement leading to an arrest or conviction, they may be exempt from the mandatory minimum sentence. The bill also outlines conditions under which the court may defer or combine sentences, including considerations for age, mental capacity, and the nature of the offender's participation in the crime.

The bill deletes previous language regarding penalties for various controlled substances and replaces it with the new provisions for fentanyl-related offenses. It is set to take effect on January 1, 2026, and is expected to have indeterminable fiscal impacts on state and local judicial and correctional systems due to the changes in sentencing and potential increases in prosecution and incarceration costs.

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