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Panel hears law enforcement on harsher fentanyl trafficking penalties; HB 274 tabled 4-2
Summary
Sponsors and law enforcement urged increasing maximum sentences for fentanyl trafficking to 30 years; civil-rights groups and public defenders opposed life-equivalent sentences. After testimony, the Consumer & Public Affairs Committee voted 4-2 to table House Bill 274.
Representative Elaine Cinnacortez introduced House Bill 274 to the Consumer & Public Affairs Committee, saying the measure would raise the maximum sentence for trafficking fentanyl from the current 9 years (second-degree felony) to up to 30 years for specified fentanyl trafficking offenses.
Cinnacortez, the bill sponsor, framed the proposal as a sentencing change intended to give prosecutors discretion to seek “the highest penalty possible where the facts of the case warranted,” and said the bill would not change charging or investigative procedures. She told the committee: "If we wanna get serious about ending fentanyl trafficking in New Mexico, why would we play games with anything less?" Representative Elaine Cinnacortez said.
Law enforcement witnesses presented seizure and overdose data to support the change. Commander Ibarra of the Lee County Drug Task Force testified that local seizures in February 2023 amounted to roughly 80,000 pills and in February 2024 roughly 74,000 pills, and described frequent evidence of firearms accompanying large drug seizures. Deputy Commander Reyna summarized overdose data, saying Lee County recorded 21 fatal overdoses in the sample period, six of which were fentanyl-related, and that statewide there were 744 fatal overdoses with 391 linked to fentanyl in the cited period.
Supporters in the hearing included Marcus Montoya, a judicial district attorney and president of the New Mexico District Attorneys Association, who said fentanyl’s variable potency makes it uniquely lethal and voiced support for enhanced penalties.
Speakers in opposition included Courtney Montoya of the ACLU of New Mexico, who said the ACLU “is in strong opposition of HB 274,” arguing that life-equivalent sentences fuel mass incarceration and are ineffective at deterring crime. Diane McCash, a mother of an individual with substance use disorder, and Ricky Lee Chavez of the Law Office of the Public Defender also testified in opposition, urging treatment-based approaches and arguing that the bill risks penalizing people with substance use disorder.
Committee members asked about the distinction between users and traffickers, how prosecutors could amend charges, and whether enhanced penalties would deter cartels or repeat offenders. Law enforcement witnesses described typical trafficking cases as involving thousands of pills, firearms, large amounts of cash, and organized distribution networks; prosecutors and witnesses said prosecutorial discretion and jury fact-finding would remain part of the process.
After questions and public comment, the committee considered a motion to table HB 274. The motion carried on a 4-2 vote: Representative Romero, Representative Thompson, the vice chair ("Madam vice chair"), and the chair ("Madam chair") voted to table; Representatives Block and Lord voted against tabling. The transcript records the outcome as the bill having been tabled by committee.
Action: HB 274 was tabled by the Consumer & Public Affairs Committee (motion to table approved, yes 4, no 2).
