This bill aims to increase the penalties for unlawfully manufacturing, distributing, or dispensing fentanyl, aligning them with the existing penalties for heroin and cocaine. Under the proposed amendments to N.J.S.2C:35-5, the bill stipulates that unlawfully manufacturing, distributing, or dispensing fentanyl in a quantity of five ounces or more will be classified as a crime of the first degree, punishable by a term of imprisonment of 10 to 20 years and a fine of up to $500,000. Additionally, a mandatory minimum term of imprisonment will be imposed, making the defendant ineligible for parole during that period. For quantities between one-half ounce and five ounces, the crime will be classified as a second-degree offense, while quantities less than one-half ounce will be classified as a third-degree offense, with the latter carrying an increased fine of up to $75,000.
The bill also includes specific insertions to the current law, such as the addition of fentanyl to the list of substances that carry these enhanced penalties, and it removes references to coca leaves in the context of penalties for drug offenses. This legislative change reflects the growing concern over the dangers of fentanyl, which is significantly more potent than heroin and poses a high risk of overdose and death, thereby necessitating stricter legal repercussions for its illegal distribution and manufacturing.