Bill > S1026

Introduced Session

This bill would increase the penalties for unlawfully manufacturing, distributing, or dispensing fentanyl. Fentanyl is an anesthetic and analgesic, first synthesized in the 1950's, that in recent years has become a drug of abuse. According to the Drug Enforcement Administration, fentanyl is 30 to 50 times more potent than heroin and is potentially lethal even at very low doses. Under current law, set out in paragraphs (4) and (5) of subsection b. of N.J.S.2C:35-5 and section 6 of P.L.1970, c.226 (C.24:21-6), unlawfully manufacturing, distributing, or dispensing fentanyl in a quantity of one ounce or more is a crime of the second degree. A crime of the second degree is generally punishable by a term of imprisonment of five to ten years or a fine up to $150,000, or both. Unlawfully manufacturing, distributing or dispensing fentanyl in a quantity of less than one ounce is a crime of the third degree. A crime of the third degree is generally punishable by a term of three to five years or a fine up to $15,000, or both. However, the fine imposed for the third degree offense involving fentanyl is increased to up to $75,000. Under the bill, the penalties for unlawfully manufacturing, distributing, or dispensing fentanyl would match the penalties for manufacturing, distributing, or dispensing heroin or cocaine under current law. The bill provides that unlawfully manufacturing, distributing, or dispensing fentanyl in a quantity of five ounces or more would be a crime of the first degree. A crime of the first degree is generally punishable by a term of imprisonment of 10 to 20 years or a fine of up to $200,000, or both. Under the bill the defendant would be sentenced to a mandatory minimum term of imprisonment of one-third to one-half of the sentence imposed, during which the defendant would be ineligible for parole. The defendant would also be sentenced to pay an increased fine of up to $500,000. The bill provides that if the quantity of fentanyl unlawfully manufactured, distributed, or dispensed is one-half ounce or more but less than five ounces, the defendant would be guilty of a crime of the second degree. If the quantity is less than one-half ounce, the defendant would be guilty of a crime of the third degree with an increased fine of up to $75,000.

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Diane Allen (R)*,  Jim Holzapfel (R)*,  Joe Pennacchio (R), 

Referred to Senate Budget and Appropriations Committee (on 09/26/2016)