Revision: Jan. 30, 2025, 12:36 p.m.
Sen. Rochefort, Dist 1
January 29, 2025
2025-0165s
09/06
Floor Amendment to SB 15-FN
Amend the introductory paragraph of RSA 318-B:26, IX as inserted by section 1 of the bill by replacing it with the following:
IX. Any person who manufactures, sells, or dispenses methamphetamine, 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 imprisonment for life or for such term as the court may order. Any person who manufactures, sells, or dispenses a fentanyl class drug, including any adulterants or dilutants, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order, except that such term shall not be less than 10 years of imprisonment. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
2025-0165s
AMENDED ANALYSIS
This bill sets a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting in the case of the distribution of a fentanyl class drug.