This bill 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 sets a mandatory minimum sentence for the distribution of controlled drugs that result in death. The bill amends existing laws to clarify that individuals who manufacture, sell, or dispense fentanyl class drugs are strictly liable for any resulting deaths. Additionally, it allows for reduced sentences under certain conditions, such as the absence of prior violent felony convictions and cooperation with law enforcement.

Moreover, the bill decriminalizes the personal possession of psilocybin for individuals aged 18 and older, classifying a first offense as a misdemeanor while maintaining existing penalties for those under 18. It requires defendants eligible for reduced sentences to complete a substance use disorder evaluation and, if recommended, a state-approved treatment program or a court-approved drug education program. The court retains discretion in determining eligibility for reduced sentences and must impose a minimum of three years of probation with specific conditions if a reduced sentence is granted. The act is set to take effect on January 1, 2026, and is anticipated to have indeterminable fiscal impacts on state and local governments.

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