This bill, SB 467-FN, introduces mandatory minimum sentences for fentanyl-related offenses, particularly targeting the distribution of controlled drugs that result in death. It amends RSA 318-B:26, I(a)(3) to establish that possession of 20 grams or more of a fentanyl-class drug will incur a minimum sentence of 3 years and 6 months, while possession of 50 grams or more will result in a minimum sentence of 7 years. The bill also modifies the introductory paragraph of RSA 318-B:26, IX, to clarify that individuals who manufacture, sell, or dispense fentanyl-class drugs are strictly liable for any resulting deaths, reinforcing the severe penalties associated with these offenses.

Furthermore, the bill outlines specific conditions under which a defendant may be eligible for a sentence below the mandatory minimum, including having no prior violent felony or drug-related convictions in the past 10 years, not being involved in violent acts during the offense, and providing substantial assistance to law enforcement. It also requires defendants seeking reduced sentences to complete a court-ordered substance use evaluation and treatment program or a drug education program if treatment is unavailable. If a sentence below the mandatory minimum is granted, the court must impose a minimum of 3 years of probation with conditions such as drug testing and community service. The act is set to take effect on January 1, 2027, with an indeterminable fiscal impact on state and local governments.

Statutes affected:
Introduced: 318-B:26
SB467 text: 318-B:26