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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.
(iv) A suspended sentence of at least 3 years and 6 months imprisonment, to be imposed if probation conditions are violated.
(D) For the purpose of determining the quantity of the fentanyl-class drug under RSA 318-B:26, I(a)(3), individual acts of manufacturing, selling, prescribing, administering, or transporting or possessing with intent to sell, dispense, or compound may be aggregated if each of the acts occurred within a 90-day period.
2 Controlled Drug Act; Penalties. Amend the introductory paragraph of RSA 318-B:26, IX to read as follows:
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. Any such term shall not be less than 7 years of imprisonment, subject to the exception delineated in paragraph IX-b. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
3 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after paragraph IX-b the following new paragraph:
IX-c.(a) A defendant subject to the mandatory minimum sentence in paragraph IX may be eligible for a sentence below the mandatory minimum if the court finds, by clear and convincing evidence, 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, organizer, or supervisor in the drug operation, as determined by the court.
(4) The defendant, to the extent that he or she is able, as determined by the court, and considering the recommendation of the prosecutor, provides substantial assistance to law enforcement, including full and truthful disclosure of all known details of the offense and related nonviolent activities, resulting in actionable intelligence related to another offender, prior to sentencing. The court shall make the final decision related to the satisfaction of this condition.
(5) The defendant submits to a court-ordered substance use disorder evaluation and, if recommended, completes a state-approved treatment program within 9 months of sentencing, provided such treatment is available. In the event no treatment is available within the 9-month window, the court may at its discretion extend the time to complete such treatment. If no treatment is recommended, the defendant shall complete a 50-hour, court-approved drug education program, provided such a program is available. The court may, at its discretion, allow substitution programs of a similar nature if there are no 50-hour, approved programs available.
(6) The defendant did not knowingly distribute a fentanyl-class drug in a form intended to deceive, including but not limited to counterfeit prescription pills.
(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:
(1) The defendant's specific role and culpability in the offense.
(2) Mitigating factors, such as documented coercion or extreme economic hardship, provided they do not excuse the offense.
(3) The defendant's risk of recidivism, based on criminal history and compliance with pre-sentencing conditions.
(c) If a sentence below the mandatory minimum is applied pursuant to this paragraph, the court shall impose a minimum of 3 years' probation with mandatory conditions, including:
(1) Biweekly drug testing, if applicable.
(2) Completion of any court-ordered treatment or education program.
(3) At least 300 hours of community service, unless waived due to documented medical inability.
(4) A suspended sentence of at least 5 years' imprisonment, to be imposed if probation conditions are violated.
4 Effective Date. This act shall take effect January 1, 2027.
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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 or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than 3 years and 6 months incarceration. A fentanyl class drug in a quantity of 50 grams or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than 7 years incarceration, subject to the exception delineated herein.
(A) A person subject to a mandatory minimum sentence prescribed in subparagraph (3) may be eligible for a sentence below the mandatory minimum if 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, 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 considering the recommendation of the prosecutor, provides substantial assistance to law enforcement, including full and truthful disclosure of all known details of the offense and related nonviolent activities, resulting in actionable intelligence related to another offender, prior to sentencing. The court shall make the final decision related to the satisfaction of this condition.
(v) The defendant submits to a court-ordered substance use disorder evaluation and, if recommended, completes a state-approved treatment program within 9 months of sentencing, provided such treatment is available. In the event no treatment is available within the 9-month window, the court may, at its discretion, extend the time to complete such treatment. If no treatment is recommended, the defendant shall complete a 50-hour, court-approved drug education program, provided such a program is available. The court may, at its discretion, allow substitution programs of a similar nature if there are no 50-hour, approved programs available.
(vi) The defendant did not knowingly possess or distribute a fentanyl-class drug in a form intended to deceive, including but not limited to counterfeit prescription pills.
(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.
(iii) The defendant's risk of recidivism, based on criminal history and compliance with pre-sentencing conditions.
(C) If a sentence below the mandatory minimum is applied pursuant to subparagraph (B), the court shall impose a minimum of 3 years' probation with mandatory conditions, including:
(i) Biweekly drug testing, if applicable.
(ii) Completion of any court-ordered treatment or education program.
(iii) At least 250 hours of community service, unless waived due to documented medical inability.
(iv) A suspended sentence of at least 3 years and 6 months imprisonment, to be imposed if probation conditions are violated.
(D) For the purpose of determining the quantity of the fentanyl-class drug under RSA 318-B:26, I(a)(3), individual acts of manufacturing, selling, prescribing, administering, or transporting or possessing with intent to sell, dispense, or compound may be aggregated if each of the acts occurred within a 90-day period.
2 Controlled Drug Act; Penalties. Amend the introductory paragraph of RSA 318-B:26, IX to read as follows:
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. Any such term shall not be less than 7 years of imprisonment, subject to the exception delineated in paragraph IX-b. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
3 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after paragraph IX-b the following new paragraph:
IX-c.(a) A defendant subject to the mandatory minimum sentence in paragraph IX may be eligible for a sentence below the mandatory minimum if the court finds, by clear and convincing evidence, 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, organizer, or supervisor in the drug operation, as determined by the court.
(4) The defendant, to the extent that he or she is able, as determined by the court, and considering the recommendation of the prosecutor, provides substantial assistance to law enforcement, including full and truthful disclosure of all known details of the offense and related nonviolent activities, resulting in actionable intelligence related to another offender, prior to sentencing. The court shall make the final decision related to the satisfaction of this condition.
(5) The defendant submits to a court-ordered substance use disorder evaluation and, if recommended, completes a state-approved treatment program within 9 months of sentencing, provided such treatment is available. In the event no treatment is available within the 9-month window, the court may at its discretion extend the time to complete such treatment. If no treatment is recommended, the defendant shall complete a 50-hour, court-approved drug education program, provided such a program is available. The court may, at its discretion, allow substitution programs of a similar nature if there are no 50-hour, approved programs available.
(6) The defendant did not knowingly distribute a fentanyl-class drug in a form intended to deceive, including but not limited to counterfeit prescription pills.
(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:
(1) The defendant's specific role and culpability in the offense.
(2) Mitigating factors, such as documented coercion or extreme economic hardship, provided they do not excuse the offense.
(3) The defendant's risk of recidivism, based on criminal history and compliance with pre-sentencing conditions.
(c) If a sentence below the mandatory minimum is applied pursuant to this paragraph, the court shall impose a minimum of 3 years' probation with mandatory conditions, including:
(1) Biweekly drug testing, if applicable.
(2) Completion of any court-ordered treatment or education program.
(3) At least 300 hours of community service, unless waived due to documented medical inability.
(4) A suspended sentence of at least 5 years' imprisonment, to be imposed if probation conditions are violated.
4 Effective Date. This act shall take effect January 1, 2027.