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HOUSE BILL 16
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Charlotte Little
AN ACT
RELATING TO CRIMINAL SENTENCING; PROVIDING FOR THE ALTERATION
OF A BASIC SENTENCE FOR TRAFFICKING CERTAIN AMOUNTS OF
FENTANYL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Sentencing Act
is enacted to read:
"[NEW MATERIAL] TRAFFICKING OF CERTAIN AMOUNTS OF
FENTANYL--ALTERATION OF BASIC SENTENCE.--When a separate
finding of fact by a court or jury shows that a person is in
possession of fentanyl in relation to a crime of trafficking a
controlled substance pursuant to Section 30-31-20 NMSA 1978,
the basic sentence of imprisonment prescribed for the offense
in Section 31-18-15 NMSA 1978 shall be enhanced by up to:
A. three years, if the person is in possession of
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between one hundred and five hundred pills, capsules or tablets
containing a detectable amount of fentanyl, regardless of its
concentration, or between ten and fifty grams of fentanyl
powder, whichever is less;
B. five years, if the person is in possession of
more than five hundred pills, capsules or tablets containing a
detectable amount of fentanyl, regardless of its concentration,
or more than fifty grams of fentanyl powder, whichever is less;
or
C. five years, if the person has recruited,
coordinated, organized, supervised, directed, managed or
financed another to commit trafficking fentanyl pursuant to
Section 30-31-20 NMSA 1978. The enhancement shall be in
addition to, not a replacement of, charging conspiracy to
commit trafficking pursuant to Section 30-28-2 NMSA 1978."
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