SB467: relative to the penalty for certain fentanyl-related offenses and establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

Related law links

RSA references from bill data

• 318-B · reference · effective 2027-01-01

  that all of the following conditions are met: (1) The defendant has no prior convictions for violent felonies, as defined in RSA 651:5, XIII, or any drug-related offenses under RSA 318-B within the past 10 years. (2) The offense did not involve the use, attempted use, or credible threat of violence, firearms, or other dangerous weapons, as defined in RSA 625:11, V. (3) The defendant was not a leader

• 318-B:2 · reference · effective 2027-01-01

  mine, lysergic acid[,] diethylamide (LSD), phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, excluding any fentanyl class drug, including any adulterants or dilutants, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to

• 318-B:26 · amend · effective 2027-01-01

  on of a controlled drug with death resulting. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a)(3) to read as follows: (3) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of 5 grams or more, including any adulterants or dilutants. A fentanyl class drug in a quantity of 20 grams

• 625:11 · reference · effective 2027-01-01

  risdiction, within the past 7 years. (ii) The offense did not involve the use, attempted use, or credible threat of violence, firearms, or other dangerous weapons, as defined in RSA 625:11, V. (iii) The defendant was not a leader, organizer, or supervisor in the drug operation, as determined by the court. (iv) The defendant, to the extent that he or she is able, as determined by the court, and conside

• 651:2 · reference · effective 2027-01-01

  (B) Upon determining eligibility, the court may impose a sentence below the mandatory minimum, including probation, conditional discharge, or a reduced prison term, pursuant to RSA 651:2. The court shall consider: (i) The defendant’s specific role and culpability in the offense. (ii) Mitigating factors, such as documented coercion or extreme economic hardship, provided they do not excuse the offense

• 651:5 · reference · effective 2027-01-01

  f the court finds, by clear and convincing evidence, that all of the following conditions are met: (i) The defendant has no prior convictions for violent felonies, as defined in RSA 651:5, XIII, or substantially similar convictions in any other territory, state, or federal jurisdiction, within the past 7 years. (ii) The offense did not involve the use, attempted use, or credible threat of violence, fir

RSAs mentioned by this document

• RSA 318-B · CONTROLLED DRUG ACT
• RSA 625 · PRELIMINARY
• RSA 651 · SENTENCES
• RSA 318-B:2 · Acts Prohibited
• RSA 318-B:26 · Penalties
• RSA 625:11 · General Definitions
• RSA 651:2 · Sentences and Limitations
• RSA 651:5 · Annulment of Criminal Records