Bill > SB95

This bill proposes a significant change to New Mexico's Controlled Substances Act by creating a new criminal offense called "distribution of fentanyl resulting in death," which would be classified as a capital felony. Under this proposed law, a person would be charged with this offense if they intentionally and unlawfully distribute any amount of fentanyl or a fentanyl-related substance to another person, and that distribution results in the person's death through injection, inhalation, absorption, or ingestion. Importantly, the bill stipulates that the deceased person's voluntary use of the substance is not a defense for the distributor. The legislation also provides a detailed technical definition of "fentanyl-related substance" that includes various chemical modifications to the base fentanyl molecule, effectively broadening the scope of substances that could trigger this criminal charge. If convicted, the offender would face sentencing under existing capital felony provisions, which typically involve the most severe criminal penalties short of the death penalty. The bill appears to be a response to the ongoing opioid crisis and aims to hold drug distributors criminally accountable for overdose deaths.

Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=95&year=25