Amendment 2025-2636h to SB14 (2025)

(New Title) relative to the penalty for certain fentanyl-related offenses; relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting; and relative to amending the penalties for the possession and use of a quantity of psilocybin for persons 18 years of age or older.


Revision: June 3, 2025, 9:09 a.m.

Rep. Scherr, Rock. 26

June 2, 2025

2025-2636h

09/06

 

 

Floor Amendment to SB 14-FN

 

Amend the bill by replacing all after the enacting clause with the following:

 

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, except as outlined in subparagraph 3-a.  

(3-a)  A fentanyl class drug in a quantity of 30 grams or more, including any adulterants or dilutants, shall carry a maximum term of imprisonment of not more than 50 years, a fine of not more than $500,000, or both.  If a defendant charged under this subparagraph cooperates with a law enforcement investigation which results in an arrest or conviction, the defendant shall not be subject to the maximum term of imprisonment.

2  New Section; Occupations and Professions; Controlled Drug Act; Personal Possession of Psilocybin.  Amend RSA 318-B by inserting after section 2-e the following new section:

318-B:2-f  Personal Possession of Psilocybin.

I.  Notwithstanding RSA 31-B:2 and 318-B:26, a person 18 years of age or older who obtains, purchases, transports, possesses, or uses 3/4 of an ounce or less of psilocybin shall be subject to the following penalties in RSA 318-B:26:

(a)  For a first offense, a misdemeanor.

(b)  For a second or subsequent offense, the person shall be subject to the penalties in RSA 318-B:26.

II.  Any person under the age of 18 years of age who obtains, purchases, transports, purchases, possesses, or uses psilocybin shall be subject to the penalties in RSA 318-B:26.

3  Effective Date.  This act shall take effect January 1, 2026.