The Senate passed the Trafficking in Fentanyl Bill S. 153 on February 21, 2023 and the Fentanyl Induced Homicide Bill S. 1 on February 22, 2023. Both Bills were approved with zero Nay votes, a rare bipartisan victory. S. 153 bill makes fentanyl the a schedule II narcotic, the same level as heroin and cocaine. Anyone with four or more grams of fentanyl in their possession can be charged with “trafficking” and face a minimum sentence of 7 years in prison for a first offense and twenty-five years in prison for all subsequent offenses. Additionally, anyone found in possession of 2 grams to 4 grams of fentanyl can be charged with possession with intent to distribute.
According to S. 1 Bill, anyone who knowingly and unlawfully delivers, dispenses or provides fentanyl which kills another person would be charged with fentanyl-induced homicide and may be imprisoned up to 30 years.
