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 that an individual is 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 recruiting or managing others to commit trafficking.

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 do not replace existing charges related to conspiracy to commit trafficking, thereby reinforcing the legal framework surrounding drug trafficking offenses in New Mexico.