NH lawmakers hear hours of testimony on SB 14 mandatory minimums for fentanyl

A New Hampshire Senate committee heard more than three hours of testimony on SB 14, a bill that would create mandatory minimum prison terms for possession or distribution of fentanyl-class drugs tied to weight thresholds.

Sponsor testimony framed the bill as a response to families of overdose victims and to law-enforcement calls for certainty in sentencing. "We're starting with SB 14 today relative to the, mandatory minimums. I really just wanted to do this bill in 1 word, certainty," the bill sponsor said, describing proposed minimums of three years, six months for quantities at or above 20 grams and seven years for 50 grams or more.

Why it matters: Backers said mandatory minimums will deter large-scale sellers and remove sentencing variability they called unfair to families and communities; opponents said the proposal would sweep up people with substance use disorder, strain correctional budgets and do little to reduce overdoses.

The hearing drew a wide range of witnesses. Several people in long-term recovery and recovery program leaders said the bill would criminalize people who need treatment, not incarceration. "I think 20 grams could be considered personal use. I know it was personal use for me," said Darryl Lennon, who described his own substance-use disorder and recovery work. Michelle Lennon, president and CEO of Our Choice Recovery Community Organization, said mandatory minimums would not have prevented deaths and could drive overdoses by interrupting tolerance and treatment: "Mandatory minimums would have done nothing to save his life, nor would it have kept him alive."

Public-health and policy groups echoed that position. Jake Berry, vice president of policy at New Futures, said New Hampshire has increased access to treatment and that overdose deaths had fallen in recent years: "Mandatory minimums do very little to prevent overdoses, overdose deaths, or drug related crimes," he said. The ACLU of New Hampshire's policy director, Amanda Azad, called mandatory sentences an expensive driver of incarceration and urged lawmakers to preserve judicial discretion.

Law-enforcement witnesses urged tougher penalties to disrupt supply and encourage cooperation. Major Bill Bright of the New Hampshire State Police said the department supports the bill and described mandatory minimums as another tool in a broader strategy that includes drug courts, prevention and enforcement.

Several committee members asked about evidence. Supporters cited a testimony from a witness they said had avoided selling in neighboring states because of harsher sentences; opponents and recovery advocates offered national studies and local data they said showed mandatory minimums have not reduced drug-related harm and noted proposed cuts in the House budget to corrections programming and community treatment. Representative Sher asked whether the House budget's proposed $60 million reduction to the Department of Corrections would undercut the goal of rehabilitation; the bill sponsor said the committee could consider adjustments but reiterated the priority of removing dealers from the street.

Committee process and next steps: Multiple witnesses offered to share studies with the committee; committee members asked the sponsor to circulate evidence claims to all members. The hearing closed with no formal vote recorded. The bill remains under the committee's consideration.

Ending: Testimony reflected a sharp divide between public-safety and public-health perspectives: supporters emphasized deterrence and certainty for victims' families; opponents stressed the need for treatment, warned of increased incarceration costs and said the evidence base for mandatory minimums is mixed at best.