SB 415 - Establishes Penalties for Fentanyl-Related Offenses - New Hampshire Key Vote

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Title: Establishes Penalties for Fentanyl-Related Offenses

Vote Smart's Synopsis:

Vote to pass a bill that establishes criminal penalties for fentanyl-related offenses in the state of New Hampshire.

Highlights:

  • Establishes a maximum term of imprisonment of 30 years, a fine of not more than $500,000 or both, if a person commits the following offenses (Sec. 1): 

    • Possesses 5 ounces or more of a mixture containing adulterants or dilutants: 

      • Coca leaves with cocaine, ecgonine, and derivatives of ecgonine of their salts; 

      • Cocaine other than crack cocaine, its salts, optical and geometric isomers, and salt isomers; or 

      • Ecogine, its derivative, their salts, isomers, and salts of isomers.

  • Prohibits the possession of lysergic acid diethylamide in a quality of 100 milligrams or more (Sec. 1). 

  • Establishes the aforementioned imprisonment for the possession of heroes or its analog, crack cocaine, or fentanyl class drug in a quantity of 5 grams of more (Sec. 1). 

  • Specifies the possession of fentanyl class drug in a quantity of 5 grams or more as a minimum term of imprisonment of not less than three years and six months incarceration (Sec. 1). 

  • Expands the imprisonment of possession of fentanyl to be not less than seven years if found with 28 grams or more of fentanyl (Sec. 1). 

  • Establishes that if the offender was less than 18 years of age at the time of the commission for the offense the following shall be considered (Sec. 2):  

    • The offender’s mental capacity; or 

    • If the offender was an accomplice. 

 

  •  Establishes the effective date as January 1, 2025 (Sec. 2). 

Title: Establishes Penalties for Fentanyl-Related Offenses

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