HB458: HB458 Controlled substances; possession of four grams or more of fentanyl; provisions

Georgia's drug trafficking law (O.C.G.A. § 16-13-31) sets mandatory minimum prison sentences and fines for people who sell, manufacture, deliver, bring into the state, or possess large quantities of certain drugs. This bill rewrites subsection (b) of that law to specifically list fentanyl and the fentanyl analog structural class among the substances that trigger trafficking charges at four grams or more, alongside morphine, opium, heroin, and other listed substances. The bill keeps the existing three-tier penalty structure: four to under 14 grams brings a mandatory minimum of five years and a $50,000 fine; 14 to under 28 grams brings ten years and a $100,000 fine; and 28 grams or more brings 25 years and a $500,000 fine. The change would take effect July 1, 2025, and would apply only to offenses committed on or after that date.

• Adds fentanyl and the fentanyl analog structural class explicitly to the list of substances covered by Georgia's drug trafficking law (O.C.G.A. § 16-13-31).
• Keeps the four-gram threshold for triggering a trafficking charge involving fentanyl or the other listed substances.
• Preserves the tiered mandatory minimum prison sentences of five, ten, or 25 years depending on quantity.
• Preserves the tiered fines of $50,000, $100,000, or $500,000 depending on the quantity involved.
• Sets the change to take effect July 1, 2025, applying only to offenses committed on or after that date.

People charged with selling, manufacturing, delivering, bringing into Georgia, or possessing four grams or more of fentanyl or its analogs; prosecutors and courts handling drug trafficking cases; and anyone facing sentencing under Georgia's trafficking statute.

By naming fentanyl and its analog class directly in the trafficking statute, the bill removes ambiguity about whether fentanyl offenses trigger the same mandatory minimum sentences and large fines that apply to trafficking in morphine, opium, or heroin, affecting how these cases are prosecuted and sentenced.

• Section 1 revises subsection (b) of O.C.G.A. § 16-13-31 to add fentanyl and fentanyl analog structural class to the list of substances covered by the trafficking statute.
• Section 1 sets the same four-gram threshold used for morphine, opium, and heroin as the trigger point for fentanyl trafficking charges.
• Section 1 retains the three penalty tiers: 4-14 grams (5-year minimum, $50,000 fine), 14-28 grams (10-year minimum, $100,000 fine), and 28+ grams (25-year minimum, $500,000 fine).
• Section 2 sets the effective date as July 1, 2025, applying only to offenses committed on or after that date.
• Section 3 repeals any conflicting laws.

1. 2025-02-19House Second Readers (House)
2. 2025-02-18House First Readers (House)
3. 2025-02-13House Hopper (House)

• Terry Cummings (D, HD-039)Primary sponsor
• Clint Crowe (R, HD-118)
• Bill Hitchens (R, HD-161)
• Kimberly New (R, HD-040)
• Yasmin Neal (D, HD-079)
• Mary Oliver (D, HD-084)

• fentanyl
• drug trafficking laws
• controlled substances
• criminal sentencing
• opioid crisis