House Amendment 2
H 3503 - Session 125 (2023-2024)
Trafficking in Fentanyl

Rep. J. E. Johnson proposes the following amendment (LC-3503.SA0017H):

Amend the bill, as and if amended, SECTION 1, Section 44-53-190(B)(48), by striking subitem (e) and inserting:

(e) replacement of the N propionyl group by another acyl group or hydrogen.

Amend the bill further, SECTION 2, by striking Section 44-53-370(e)(9) and inserting:

(9) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as "trafficking in fentanyl" and, upon conviction, must be punished as follows if the quantity involved is:

(a) four grams or more, but less than fourteen grams:

1. for a first offense, a term of imprisonment of not less than ten years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(b) fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;