The proposed legislation introduces stricter penalties for offenses involving certain synthetic opioids, specifically fentanyl, carfentanil, benzimidazole opiates, and their analogs. Key provisions include:
Manufacturing and Distribution: Engaging in the manufacture, dispensing, sale, or distribution of any amount of these substances, or possessing them with intent to do so, is classified as a level 1 drug felony.
Possession: Effective July 1, 2025, possession of any quantity of these specified synthetic opioids is designated as a level 4 drug felony.
Repeal of Certain Provisions:
The bill eliminates the provision that allowed for a reduced penalty if the individual could demonstrate a reasonable mistake of fact, indicating they were unaware that the substance contained fentanyl or its analogs.
It also removes the provision permitting courts to vacate a drug felony conviction and replace it with a level 1 drug misdemeanor upon the defendant's successful completion of a community-based sentence, such as probation or participation in a community corrections program.
Summary
The bill makes it a level 1 drug felony if a person manufactures,
dispenses, sells, or distributes, or possesses with intent to do the same, (manufactures or distributes) any material, compound, mixture, or preparation that contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof (qualifying controlled substance). Because manufacture or distribution of any amount of a qualifying controlled substance is a level 1 drug felony under the bill, the bill repeals penalty level provisions involving manufacture or distribution of a qualifying controlled substance that are weight- or circumstance-dependent, and related immunity and sentencing requirements.
Effective July 1, 2025, the bill makes the possession of a
qualifying controlled substance a level 4 drug felony. The bill repeals the following provisions of law related to the penalties for possessing a qualifying controlled substance:
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A provision that reduces the penalty if the fact finder in the case finds that the possessor made a reasonable mistake of fact and did not know that the material, compound, mixture, or preparation contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and
•
A provision that requires a court to vacate the drug felony conviction and enter a conviction for a level 1 drug misdemeanor upon the defendant's successful completion of a community-based sentence to probation or to a community corrections program.
