Bill > S2492

Introduced Session

This bill enhances penalties for possession, distribution, and manufacture of fentanyl. The bill would: (1) create new amount thresholds to establish new first-degree crimes for manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute or disperse fentanyl or its analog; and (2) reduce the current amount thresholds for second- and third-degree manufacturing, distributing, or dispensing fentanyl or its analog, or possessing such with intent to do so, thus upgrading the penalties for acts committed involving smaller amounts. Currently, under paragraph (4) of subsection b. of N.J.S.2C:35-5, it is a crime of the second degree to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, fentanyl, a Schedule II narcotic drug, or its analog, in a quantity of one ounce or more including any adulterants or dilutants. At present, this is the highest degree of crime for fentanyl set forth in N.J.S.2C:35-5. It is a crime of the third degree if the quantity of fentanyl or its analog involved is less than one ounce including any adulterants or dilutants. See N.J.S.2C:35-5, subsection b., paragraph (5). This is the lowest grading of the crime. Crimes of the second degree is ordinarily punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. Crimes of the third degree are ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This bill would reduce the amount threshold for a crime of the second degree to five grams (0.176 ounce) or more as well as establish a new maximum amount of less than 10 grams (0.35 ounce) for which the aforementioned penalties may be imposed. The bill also establishes that an act committed with an amount of fentanyl above 10 grams (0.35 ounce) would be a new first-degree crime. A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. Under this bill, an enhanced fine of up to $500,000 may be imposed for a crime of the first degree. Finally, the bill would reduce the amount threshold for a third degree violation to less than five grams (0.176 ounce). Under this bill, an enhanced fine of up to $75,000 may be imposed for a crime of the third degree.

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Paul Sarlo (D)*,  Kristin Corrado (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/05/2024)

Official Document