HB 458: Controlled substances; possession of four grams or more of fentanyl; provisions

Georgia's trafficking law (O.C.G.A. § 16-13-31) already sets mandatory minimum prison terms for people who sell, manufacture, deliver, bring into the state, or possess four grams or more of morphine, opium, heroin, and certain other listed drugs. This bill adds the words 'fentanyl or fentanyl analog structural class' directly into that list, making clear that fentanyl and chemically similar substances trigger the same trafficking charge and penalties as the other listed drugs. The penalties stay tiered by weight: 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 fentanyl analog structural class by name to the list of substances covered by Georgia's drug trafficking law (O.C.G.A. § 16-13-31).
• Applies the existing tiered mandatory minimum prison sentences and fines to anyone selling, manufacturing, delivering, bringing into Georgia, or possessing four grams or more of fentanyl.
• Keeps the same three weight-based penalty tiers already used for morphine, opium, and heroin trafficking, without creating new sentence lengths.
• Sets the change to take effect July 1, 2025, and limits it to offenses committed on or after that date.

People arrested for possessing, selling, manufacturing, or transporting four or more grams of fentanyl or its chemical analogs in Georgia, along with prosecutors, defense attorneys, and judges handling drug trafficking cases, and the state prison system, which would house anyone convicted under the mandatory minimum sentences.

By naming fentanyl directly in the trafficking statute, prosecutors would no longer need to rely on it fitting under a broader existing drug category, making it clearer that fentanyl cases carry mandatory prison time of five to 25 years and fines up to $500,000 depending on quantity.

• Section 1 rewrites subsection (b) of O.C.G.A. § 16-13-31 to insert 'fentanyl or fentanyl analog structural class' into the list of substances covered by the trafficking statute.
• Section 1 keeps the existing penalty structure: 5 years and $50,000 for 4 to under 14 grams, 10 years and $100,000 for 14 to under 28 grams, and 25 years and $500,000 for 28 grams or more.
• Section 2 sets the effective date as July 1, 2025, and states the law applies only to offenses committed on or after that date.
• Section 3 repeals any conflicting laws, a standard clause that clears away inconsistent prior statutes.

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

• Terry Cummings (D, HD-039)Patrocinador principal
• 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
• criminal sentencing
• controlled substances
• opioid crisis