Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF2138

Introduced
2/27/23  

Caption

Same weight threshold and penalty provision for fentanyl as is for heroin

Impact

Should SF2138 be enacted, it would lead to significant changes in how state laws address fentanyl-related offenses. By establishing a uniform penalty structure for fentanyl akin to that of heroin, this bill would likely escalate penalties for possession and distribution of fentanyl. Advocates for the bill argue that this is a necessary step to combat the rising incidence of fentanyl overdoses, reflecting heightened public concern regarding substance abuse and its impacts on communities. The legislation may also spur increased law enforcement activities targeting fentanyl trafficking and possession.

Summary

SF2138 proposes to align the weight threshold and penalty provisions for fentanyl with those currently applicable to heroin. The bill aims to address the growing concerns over the misuse of fentanyl and seeks to standardize legal repercussions for offenses involving this substance, thereby treating it similarly to heroin under state law. This legislative move reflects an increasing focus on the opioid crisis and drug-related offenses across the state, emphasizing a need for stricter controls on substances identified as detrimental to public health.

Contention

However, the bill may also encounter opposition based on concerns about whether increasing penalties is the most effective approach to resolving the issues associated with drug misuse. Critics may argue that harsher penalties do not address the root causes of addiction and could exacerbate issues within the criminal justice system. There are concerns that this might lead to a disproportionate impact on certain communities and individuals facing addiction, as well as debates surrounding the efficacy of punitive measures in actual harm reduction and rehabilitation efforts.

Companion Bills

MN HF3036

Similar To Same weight threshold and penalty provided for fentanyl as is for heroin.

Previously Filed As

MN HB1849

Fentanyl; manufacturing, selling, etc., weight-based and pill-based penalties.

MN HF1446

Penalties for crime of altering controlled substances with fentanyl provided.

MN SB25

Penalties For 1 Kg Fentanyl

MN HF897

Protection to children and vulnerable adults from exposure to fentanyl provided, and criminal penalties for violation imposed.

MN SF319

Crime of altering controlled substances with fentanyl penalty establishment

MN S1233

Relative to setting proportionate penalties for the distribution of heroin, fentanyl, and carfentanil

MN HB528

Fentanyl; increase penalties for possession of.

MN LD1288

An Act to Amend Certain Provisions of Maine's Drug Laws Regarding Heroin, Fentanyl and Cocaine

MN SB1235

Fentanyl, heroin, etc.; manufacturing, selling, giving, distributing, etc., penalties.

MN HF1657

Treatment of water pipe fluid modified in the controlled substances laws.

Similar Bills

MN SF1905

Treatment of water pipe fluid modification in the controlled substances law

MN HF1657

Treatment of water pipe fluid modified in the controlled substances laws.

CA AB1134

Coerced marriage.

TX HB1554

Relating to a political subdivision's authority to use public money in the provision of legal services for individuals unlawfully present in the United States.

AZ SB1055

arrestees; unlawfully present; reporting

MN HF2699

Psilocybin cultivation, possession, transportation, and personal use by individuals 21 years of age or older authorized; protections established; public education and harm reduction programs established; Psychedelic Medicine Board established; criminal penalties provided; rulemaking authorized; civil actions authorized; and money appropriated.

MN SF4204

Psilocybin regulation provisions

MN SF3473

Residual amounts of controlled substances contained in drug paraphernalia and similar items possession decriminalization