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HB0234
HOUSE BILL 234
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Andrea Reeb
and
Mark B. Murphy
AN ACT
RELATING TO CRIMINAL SENTENCING; PROVIDING A DEFINITION FOR
FENTANYL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
Section 31-18-27 NMSA 1978 (being Laws 2025,
Chapter 4, Section 17) is amended to read:
"31-18-27. TRAFFICKING OF CERTAIN AMOUNTS OF FENTANYL--ALTERATION OF BASIC SENTENCE--
DEFINITION
.--
A.
When a separate finding of fact by a court or
jury shows that a person is in possession of fentanyl in
relation to a crime of trafficking a controlled substance
pursuant to Section 30-31-20 NMSA 1978, the basic sentence of
imprisonment prescribed for the offense in Section 31-18-15
NMSA 1978 shall be enhanced by up to:
[
A.
]
(1)
three years, if the person is in
possession of between one hundred and five hundred pills,
capsules or tablets containing a detectable amount of fentanyl,
regardless of its concentration, or between ten and fifty grams
of fentanyl powder;
[
B.
]
(2)
five years, if the person is in
possession of more than five hundred pills, capsules or tablets
containing a detectable amount of fentanyl, regardless of its
concentration, or more than fifty grams of fentanyl powder; or
[
C.
]
(3)
five years, if the person has
recruited, coordinated, organized, supervised, directed,
managed or financed another to commit trafficking fentanyl
pursuant to Section 30-31-20 NMSA 1978. The enhancement shall
be in addition to, not a replacement of, charging conspiracy to
commit trafficking pursuant to Section 30-28-2 NMSA 1978.
B. For the purpose of this section, "fentanyl"
means fentanyl and fentanyl-related substances, including
analogs and chemically similar substances that are produced
illegally, and including para-bromofentanyl, para-fluoroacetyl
fentanyl and para-methyl acetyl fentanyl.
"
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