SB79: SB79 "Fentanyl Eradication and Removal Act"; enact

Georgia currently prosecutes fentanyl trafficking under the same statute (O.C.G.A. § 16-13-31) that covers cocaine, methamphetamine, and other drugs, using shared weight thresholds and penalties. This bill creates a standalone fentanyl trafficking offense with its own weight tiers, starting at 4 grams, and mandatory minimum sentences ranging from 10 to 35 years in prison along with fines from $75,000 to $750,000 depending on the amount involved. The bill also rewrites the process judges use to depart below mandatory minimums for drug trafficking convictions, adding specific sentencing ranges for the new fentanyl tiers, and reaffirms that mandatory minimum sentences generally cannot be suspended, probated, or shortened through early release programs. Finally, it updates around a dozen other Georgia code sections (covering dog registration bans, firearm-related crimes, bail, parole, and informant rewards) so their references to drug trafficking correctly include the new fentanyl offense. The changes take effect July 1, 2025, and apply only to offenses committed on or after that date.

• Creates a new fentanyl-specific trafficking offense (O.C.G.A. § 16-13-31(b.1)) separate from the existing cocaine/methamphetamine trafficking law.
• Sets mandatory minimum prison terms of 10, 15, 25, or 35 years for fentanyl trafficking depending on the amount involved, starting at 4 grams.
• Sets mandatory fines ranging from $75,000 to $750,000 for fentanyl trafficking convictions based on quantity.
• Rewrites the judicial sentencing departure rules (subsection (g)) to add specific reduced sentencing ranges tied to the new fentanyl weight tiers.
• Reaffirms that mandatory minimum sentences for trafficking generally cannot be suspended, probated, or reduced through early release, with an exception for transitional center or work release eligibility in the final year.
• Updates about a dozen other Georgia code sections, including dog ownership registration bans, firearm crime enhancements, bail rules, parole eligibility, and informant reward statutes, so they properly reference the new fentanyl trafficking offense.

People charged with or convicted of possessing, selling, manufacturing, or trafficking fentanyl in Georgia; prosecutors and judges handling drug trafficking cases; the Department of Corrections and State Board of Pardons and Paroles; and anyone affected by related statutes on firearm crimes, bail, dog ownership registration, and informant rewards.

Georgians facing fentanyl-related charges would face substantially longer mandatory prison terms and larger fines than under the prior combined drug trafficking law, with limited options for judges to reduce sentences. The changes could affect plea negotiations, sentencing outcomes, and parole eligibility statewide starting July 1, 2025.

• Section 1-2 adds subsection (b.1) to O.C.G.A. § 16-13-31, creating fentanyl-specific trafficking tiers: 4-8 grams (10 years, $75,000 fine), 8-14 grams (15 years, $150,000), 14-28 grams (25 years, $250,000), and 28+ grams (35 years, $750,000).
• Section 1-2 also revises subsection (g), the mandatory minimum departure provision, adding new sentencing ranges specific to each fentanyl trafficking tier for cases where a judge finds departure appropriate.
• Section 1-2 revises subsection (i) to clarify that mandatory minimum sentences cannot be suspended, probated, deferred, or reduced by early release programs, except a work-release or transitional center option in the final year of incarceration.
• Sections 2-1 through 2-11 make conforming edits across Titles 4, 16, 17, and 42 of the Georgia Code so that references to trafficking under Code Section 16-13-31 (dog ownership bans, firearm crime enhancements, bail eligibility, parole rules, informant rewards) include the new fentanyl offense.
• Section 3-1 sets the effective date as July 1, 2025, applying only to offenses committed on or after that date.

1. 2025-05-12Effective Date 2025-07-01
2. 2025-05-12Act 123
3. 2025-05-12Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-28Senate Agreed House Amend or Sub (Senate)
6. 2025-03-28House Immediately Transmitted to Senate (House)
7. 2025-03-28House Passed/Adopted By Substitute (House)
8. 2025-03-28House Third Readers (House)

• Russ Goodman (R, SD-008)Primary sponsor
• Brian Strickland (R, SD-042)
• John Kennedy (R, SD-018)
• Blake Tillery (R, SD-019)
• Steve Gooch (R, SD-051)
• John Albers (R, SD-056)
• Billy Hickman (R, SD-004)
• Kay Kirkpatrick (R, SD-032)
• Lee Anderson (R, SD-024)
• Larry Walker (R, SD-020)
• Randy Robertson (R, SD-029)
• Jason Anavitarte (R, SD-031)
• Carden Summers (R, SD-013)
• Max Burns (R, SD-023)
• Chuck Hufstetler (R, SD-052)
• Ben Watson (R, SD-001)
• Chuck Payne (R, SD-054)
• Brandon Beach (R, SD-021)
• Mike Hodges (R, SD-003)
• Ricky Williams (R, SD-025)
• Greg Dolezal (R, SD-027)
• Timothy Bearden (R, SD-030)
• Drew Echols (R, SD-049)
• Sam Watson (R, SD-011)
• Shawn Still (R, SD-048)
• Clint Dixon (R, SD-045)
• James Burchett (R, HD-176)

1. PassedSenate voteFebruary 26, 2025

   50 yea, 3 nay (2 not voting, 1 absent)

   Passage: Senate Vote #95

2. PassedHouse voteMarch 28, 2025

   131 yea, 31 nay (3 not voting, 15 absent)

   Passage: House Vote #339

3. PassedHouse voteMarch 28, 2025

   99 yea, 62 nay (4 not voting, 15 absent)

   Immediately Transmit: House Vote #340

4. PassedSenate voteMarch 28, 2025

   49 yea, 0 nay (0 not voting, 7 absent)

   Agree To House Substitute: Senate Vote #334

• fentanyl
• drug trafficking penalties
• mandatory minimum sentencing
• criminal justice
• parole eligibility