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 Official Code of Georgia
Annotated, relating to schedules, offenses, and penalties regarding controlled substances, so
as to clarify that the sale, manufacture, delivery, or possession of four grams or more of
fentanyl and fentanyl analog structural class is included within the prohibition of trafficking
certain drugs; to provide for related matters; to provide for an effective date; to provide for
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,
relating to schedules, offenses, and penalties regarding controlled substances, is amended by
revising subsection (b) of Code Section 16-13-31, relating to trafficking in cocaine, illegal
drugs, marijuana, or methamphetamine and penalties, as follows:
"(b) Except as authorized by this article, any person who sells, manufactures, delivers,
brings into this state, or has possession of four grams or more of any morphine, opium,
<ins>fentanyl or fentanyl analog structural class,</ins> or substance identified in subparagraph (RR)
or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25, or
subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code
Section 16-13-26 or any salt, isomer, or salt of an isomer thereof, including heroin, as
described in Schedules I and II, or four grams or more of any mixture containing any such
substance in violation of this article commits the felony offense of trafficking in illegal
drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less
than 14 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less
than 28 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be
sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine
of $500,000.00."
SECTION 2.
This Act shall become effective on July 1, 2025, and shall apply to all offenses committed
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.