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New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil

My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, but I wanted to follow up on that point with the details. The new law, with new fines for certain controlled substances, takes effect on December 1, 2023. This post examines the coming changes to drug trafficking fines. Consistent with my defender-focused role, it also explores potential constitutional issues defenders might consider raising in cases where the new fines apply.

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Possession of Fentanyl (2022 Update)

In an earlier post, I wrote that simple possession of fentanyl was a misdemeanor Schedule II offense under then-current law. No more. Effective Dec. 1, 2021, fentanyl possession in any amount is treated as a felony. I have been receiving calls about the change and thought a brief post would be useful. Read on for the details.

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Possession of Fentanyl

In keeping with my recent work in the Chapter 90 realm, here is another issue, presented in pop quiz form. Without peeking at the statutes:

What is the appropriate charge for a possession-only amount of fentanyl?

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