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's injection, inhalation, or ingestion is a direct antecedent to the death.

Additionally, the bill removes the mention of "lysergic acid diethylamide" from the list of controlled substances and adds specific language regarding the liability for deaths resulting from the use of fentanyl class drugs. The act is set to take effect on 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