This bill, SB 14-FN, introduces mandatory minimum sentences for fentanyl-related offenses, establishing a minimum of 3 years and 6 months for possession of 20 grams or more of fentanyl and a minimum of 7 years for possession of 50 grams or more. It also mandates a minimum 7-year sentence for the distribution of controlled drugs that result in death. The bill clarifies that individuals who manufacture, sell, or dispense fentanyl class drugs are strictly liable for any resulting deaths, with the same minimum sentence of 7 years. Additionally, it modifies penalties for individuals aged 18 and older regarding psilocybin possession, although specific details on these modifications are not provided.

The bill allows for eligibility for reduced sentences under certain conditions, such as having no prior violent felony or drug-related convictions in the past ten years, not being involved in violence during the offense, and cooperating with law enforcement. It also requires defendants to complete a substance use disorder evaluation and, if recommended, a state-approved treatment program or court-approved drug education program. For personal possession of psilocybin, individuals aged 18 and older will face a misdemeanor for possessing 3/4 of an ounce or less, while those under 18 will face stricter penalties. The act is set to take effect on January 1, 2026, and its fiscal impact on state and local governments is currently indeterminable.

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