Amendment ID: S2185-116-R3

3rd Redraft Amendment 116

Establishing Carfentanil Sentences

Messrs. O'Connor and Humason, Ms. Gobi, Messrs. Ross and Timilty move to amend the bill by inserting the following new section:-

SECTION XX. Section 32E of Chapter 94C is hereby amended by inserting, after subsection (c1/2), the following new subsection:-

(x) Any person who trafficks in carfentanil, by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of more than 1 milligram of carfentanil shall be punished by imprisonment in the state prison for no less than five years and no more than fifty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

For purposes of this subsection, "carfentanil'' shall include any compound, mixture, powder, or derivative of carfentanil containing at least 1 milligram of carfentanil.