Amendment #98 to H3768

Fentanyl Trafficking

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren move to amend the bill by inserting at the end thereof the following new section:-

“Section X. Chapter 94C of the general laws, as appearing in the 2014 Official Edition is hereby amended by striking out Section (c1/2) inserting in place the following:-

(c1/2) Any person who trafficks in fentanyl or any derivative thereof, by knowingly or intentionally manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense, or by bringing into the commonwealth a net weight of 10 grams or more of fentanyl, or a net weight of 10 grams or more of any mixture containing more than 10 grams of fentanyl or any derivative thereof, if the net weight of fentanyl or any derivative thereof, or any mixture thereof is:

(1) Ten grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not less than 2 not more than 20 years. No sentence imposed under this clause shall be for less than a minimum term of imprisonment of 2 years.

(2) Thirty-six grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 3 1/2 nor more than 20 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 3 1/2 years.

(3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 8 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 8 years.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than 12 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 12 years.”