Senate adopts amendment creating mandatory minimum for fentanyl possession and expands related protections

Senate Bill 12 33 was amended on the floor by the Finance/Ways & Means amendment (drafting code cited on the floor). The amendment established a mandatory minimum sentence of 30 days imprisonment for a violation of simple possession or casual exchange of fentanyl or fentanyl analogues. The amendment also authorized judicial diversion to certified drug or recovery courts after the mandatory period, prohibited law enforcement from issuing only a misdemeanor citation in lieu of arrest for any amount of fentanyl, and created a new lifetime order‑of‑protection filing option in certain circumstances. The amendment additionally expanded an offense for disturbing a death scene to include items associated with an overdose fatality.

Senator Watson, explaining the finance amendment, said it rewrote the bill to add these sentencing and procedural elements and to create an authorized path for certified treatment programs after the mandatory sentence. The floor then adopted the amendment by voice vote and later adopted the bill as amended; recorded vote on final passage showed unanimous support where recorded and no nays were listed for the amendment adoption step.

Sponsor and supporters argued the changes address the fentanyl overdose crisis by ensuring a baseline custodial sentence while preserving a pathway to treatment; supporters said the provisions remove incentives to avoid arrest and enable prosecutors and courts to seek meaningful accountability. The amendment was presented as a compromise that also allows post‑custodial treatment options through certified drug court programs.

Where it stands: The Senate adopted the finance amendment to SB12 33 and then adopted the bill as amended on third and final consideration. Recorded floor actions show the amendment was adopted and the bill passed; the clerk recorded a unanimous passage on the amendment roll call and a final passage that carried on the floor.