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

25 LC 57 0217 House Bill 458 By: Representatives Cummings of the 39th, Crowe of the 118th, Hitchens of the 161st, New of the 40th, and Neal of the 79th A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 13 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to schedules, offenses, and penalties regarding controlled substances, so2 as to clarify that the sale, manufacture, delivery, or possessi on of four grams or more of3 fentanyl and fentanyl analog structural class is included within the prohibition of trafficking4 certain drugs; to provide for related matters; to provide for an effective date; to provide for5 applicability; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Part 1 of Article 2 of Chapter 13 of Title 16 of the Official C ode of Georgia Annotated,9 relating to schedules, offenses, and penalties regarding controlled substances, is amended by10 revising subsection (b) of Code Section 16-13-31, relating to trafficking in cocaine, illegal11 drugs, marijuana, or methamphetamine and penalties, as follows:12 "(b) Except as authorized by this article, any person who sells , manufactures, delivers,13 brings into this state, or has possession of four grams or more of any morphine, opium,14 fentanyl or fentanyl analog structural class, or substance identified in subparagraph (RR)15 or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Co de Section 16-13-25, or16 H. B. 458 - 1 - 25 LC 57 0217 subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code17 Section 16-13-26 or any salt, isomer, or salt of an isomer ther eof, including heroin, as18 described in Schedules I and II, or four grams or more of any mixture containing any such19 substance in violation of this article commits the felony offen se of trafficking in illegal20 drugs and, upon conviction thereof, shall be punished as follows:21 (1) If the quantity of such substances involved is four grams or more, but less22 than 14 grams, the person shall be sentenced to a mandatory min imum term of23 imprisonment of five years and shall pay a fine of $50,000.00;24 (2) If the quantity of such substances involved is 14 grams or more, but less25 than 28 grams, the person shall be sentenced to a mandatory min imum term of26 imprisonment of ten years and shall pay a fine of $100,000.00; and27 (3) If the quantity of such substances involved is 28 grams or more, the person shall be28 sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine29 of $500,000.00."30 SECTION 2.31 This Act shall become effective on July 1, 2025, and shall apply to all offenses committed32 on or after such date.33 SECTION 3.34 All laws and parts of laws in conflict with this Act are repealed.35 H. B. 458 - 2 -