underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 95
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Crystal Brantley
AN ACT
RELATING TO CRIME; MAKING THE DISTRIBUTION OF FENTANYL
RESULTING IN DEATH A CAPITAL FELONY; PRESCRIBING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Controlled Substances Act
is enacted to read:
"[NEW MATERIAL] DISTRIBUTION OF FENTANYL RESULTING IN
DEATH.--
A. Distribution of fentanyl resulting in death is
the intentional and unlawful distribution of any amount of
fentanyl or a fentanyl-related substance to another person that
results in the death of that person by cause of injecting,
inhaling, absorbing or ingesting the fentanyl or fentanyl-
related substance. Whoever commits distribution of fentanyl
resulting in death is guilty of a capital felony and shall be
.229287.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sentenced pursuant to the provisions of Section 31-18-14 NMSA
1978.
B. In any prosecution for distribution of fentanyl
resulting in death, it is no defense that the deceased
purposefully, knowingly, recklessly or negligently injected,
inhaled, absorbed or ingested any amount of fentanyl or
fentanyl-related substance.
C. For the purposes of this section, "fentanyl-
related substance" means any substance not otherwise assigned a
number pursuant to the federal Controlled Substances Act and
for which no exemption or approval is in effect under Section
505 of the Federal Food, Drug, and Cosmetic Act that is
structurally related to fentanyl by one or more of the
following modifications:
(1) replacement of the phenyl portion of the
phenethyl group by any monocycle, whether or not further
substituted in or on the monocycle;
(2) substitution in or on the phenethyl group
with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino
or nitro groups;
(3) substitution in or on the piperidine ring
with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino or nitro groups;
(4) replacement of the aniline ring with any
aromatic monocycle whether or not further substituted in or on
.229287.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the aromatic monocycle; or
(5) replacement of the N-propionyl group by
another acyl group."
- 3 -
.229287.1