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Senate advances bill setting 10‑year minimum for fentanyl distribution tied to death
Summary
The Senate advanced SB 15 after adopting a floor amendment to protect clinical fentanyl use; the bill would create a mandatory minimum 10‑year sentence where distribution of a fentanyl‑class drug results in death, and the measure passed second reading by a recorded vote.
The New Hampshire Senate advanced Senate Bill 15, which would impose a mandatory minimum sentence of 10 years for those whose manufacture, distribution or sale of a fentanyl‑class drug results in a death.
Senator Abbas, presenting the committee report, said SB 15 “ensures that courts shall not assign a sentence of less than 10 years for those strictly liable for the death resulting from the ingestion, injection or inhaling of a substance that they distributed.” He described the measure as a supply‑side complement to rehabilitative efforts.
Senators debated the scope and application of strict liability and whether the law would sweep up unwitting actors. Senator Rochefort offered a floor amendment intended to protect medical and clinical practitioners whose legally dispensed fentanyl is later diverted; the Senate adopted that amendment.
Opponents said mandatory minimums remove judicial discretion and risk harsh sentences for people who did not intend harm. “Mandatory minimums reduce the discretion of judges,” said Senator Reardon. Senator Waters raised hypotheticals about two people using drugs together and whether the person who shared a pill could face a life sentence under strict liability provisions.
Supporters said the provision targets major traffickers. “If someone is handing out fentanyl, and someone dies, that person knew the risk,” said Senator Abbas, who argued the measure would send a strong message to distributors. Proponents also cited testimony and data showing fentanyl is the primary driver of overdose deaths in the state.
After debate and adoption of the floor amendment that exempts legitimate clinical dispensing from criminal liability in specified circumstances, the Senate approved the motion that SB 15 ought to pass as amended and ordered the bill to third reading by a roll call vote (14–9). The bill will return for final consideration on third reading.
