The bill amends Section 31-18-27 of the New Mexico Statutes to provide a clear definition of "fentanyl" and to enhance sentencing for trafficking offenses involving this substance. The new legal language specifies that when a court or jury finds a person in possession of fentanyl while committing a trafficking crime, the basic sentence of imprisonment can be increased based on the quantity of fentanyl involved. Specifically, the bill outlines that possession of between 100 to 500 pills or 10 to 50 grams of fentanyl powder can lead to an enhancement of three years, while possession of more than 500 pills or over 50 grams can result in a five-year enhancement. Additionally, if a person is found to have recruited or managed others to commit trafficking, they can also face a five-year enhancement.

Furthermore, the bill introduces a definition of fentanyl that encompasses not only fentanyl itself but also related substances, including various analogs and chemically similar substances produced illegally. This definition aims to clarify the scope of the law and ensure that all relevant substances are covered under the trafficking provisions. The enhancements to sentencing are designed to address the serious nature of fentanyl trafficking and its impact on public health and safety.

Statutes affected:
introduced version: 31-18-27