The bill introduces a new section to the Criminal Sentencing Act that specifically addresses the trafficking of fentanyl. It stipulates that if a court or jury finds a person in possession of fentanyl while committing a trafficking offense, the basic sentence of imprisonment for that offense will be enhanced. The enhancements are categorized based on the amount of fentanyl involved: a three-year increase for possession of 100 to 500 pills or 10 to 50 grams of fentanyl powder, and a five-year increase for possession of more than 500 pills or more than 50 grams of fentanyl powder. Additionally, a five-year enhancement applies if the individual has played a role in organizing or financing the trafficking of fentanyl.

This new legal language emphasizes the seriousness of fentanyl trafficking and aims to impose stricter penalties for those involved in such activities. The enhancements are cumulative and are intended to be added to any existing charges, including conspiracy to commit trafficking. Overall, the bill seeks to strengthen the legal framework surrounding fentanyl trafficking in New Mexico, reflecting the growing concern over the opioid crisis.