Committee advances bill to treat fentanyl‑precursor mixtures as fentanyl for charging
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Summary
The Senate Judiciary Committee gave SB309 a favorable report after sponsors and forensic experts argued fentanyl mixed with the precursor 4‑ANPP should be charged as fentanyl; some senators raised concerns about mandatory minimums and judicial discretion.
A Senate Judiciary Committee moved SB309 forward after sponsors and forensic experts told members the bill would close a gap in how fentanyl precursor mixtures are charged.
The bill would treat a detected mixture of fentanyl and the precursor 4‑ANPP as single‑component fentanyl for charging purposes. Under the proposal, detected fentanyl (alone or mixed with certain synthetic analogs or 4‑ANPP) above 0.5 gram would be charged as possession with intent to distribute; amounts above 1 gram would meet the statute’s trafficking threshold.
The sponsor, who introduced the measure to the committee, said the change responds to laboratory findings: “The Department of Forensic Sciences has tested thousands of fentanyl mixture cases, and over 60 percent of them are a mixture of fentanyl and 4‑ANPP alone,” and that the change is needed because illicit chemists alter compounds to evade controls.
A Department of Forensic Sciences representative explained the current statutory treatment requires a higher weight for trafficking when a mixture contains two separately controlled substances. “If we detect 4‑ANPP and fentanyl, that’s a mixture of two currently controlled substances,” the representative said, adding SB309 would treat that scenario “just like fentanyl” so the trafficking weight aligns with the single‑component statute.
Committee members praised the public‑safety intent but pressed on sentencing consequences and judicial discretion. Senator Albritton pointed to the bill’s sentencing table and warned the measure “looks like we’re going to be increasing the number of prisoners we take in and keep.” Others, including Senator Smitherman, said they opposed removing judges’ discretion via mandatory minimums and asked the sponsor to work on adjustments before floor consideration.
After the discussion, Senator Elliott moved a favorable committee report. The clerk conducted a roll call and several senators recorded “Aye.” The committee reported SB309 favorably.
The committee did not adopt floor amendments in committee; sponsors indicated they would address outstanding drafting and policy concerns before the bill reaches the full chamber.