HB 1356

Abstract

Selling, giving, or distributing fentanyl; penalties. Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers to another person without such persons' knowledge that the substance sold, given, or distributed contains fentanyl, then he is guilty of attempted murder of the second degree. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the second degree. The bill also makes it a felony punishable by not less than five nor more than 40 years, three years of which are a mandatory minimum, and a fine not to exceed $1 million for a person to transport into the Commonwealth by any means with intent to sell or distribute 100 milligrams or more of fentanyl.

Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give, or distribute a controlled substance; fentanyl; penalties. Provides that any person who knowingly sells, gives, or distributes at least two milligrams of fentanyl to another person without such person's knowledge that the substance sold, given, or distributed contains fentanyl, then he is guilty of attempted murder of the second degree. The bill provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the second degree. The bill also makes it a felony punishable by not less than five nor more than 40 years of imprisonment, three years of which are a mandatory minimum, and a fine not to exceed $1,000,000 for a person to transport into the Commonwealth by any means with intent to sell or distribute 100 milligrams or more of fentanyl.