SB 352

Under current law, it is a Class E felony to manufacture, distribute, or deliver,

or to possess with the intent to manufacture, distribute, or deliver, any amount of

fentanyl or a fentanyl analog. Under this bill, the penalties for these crimes are

based on the amount of the fentanyl or analog involved as follows: for 10 grams or

less, a Class E felony; for more than 10 grams but not more than 50 grams, a Class

D felony; and for more than 50 grams, a Class C felony. This penalty structure is

similar to the current law penalty structure for the same crimes involving heroin. In

addition, as with the same crimes involving heroin and other controlled substances,

the maximum term of imprisonment for the crimes involving fentanyl or a fentanyl

analog is increased by five years if the crime occurs on the premises of a

scattered-site public housing project or within 1,000 feet of a park, a correctional

facility, a multiunit public housing project, a public swimming pool, a youth or

community center, school premises, or a school bus.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.