Senate passes mandatory minimums for fentanyl possession, deals

The New Hampshire Senate passed two bills on Thursday that would enact mandatory minimum sentences for certain fentanyl-related crimes. The bills have yet to be voted on by the House of Representatives.

The New Hampshire Senate passed two bills on Thursday that would enact mandatory minimum sentences for certain fentanyl-related crimes. The bills have yet to be voted on by the House of Representatives. Charlotte Matherly—Concord Monitor

By CHARLOTTE MATHERLY

Monitor staff

Published: 01-30-2025 5:54 PM

New Hampshire is one step closer to establishing mandatory minimum sentences on fentanyl charges.

Two pieces of legislation cleared the hurdle in the Senate, although they won’t apply to quite as many cases as originally suggested. The bills passed along party lines. 

Sen. Bill Gannon, a Republican from Sandown, said the Judiciary Committee amended Senate Bill 14 to target dealers, not users, after listening to testimony and talking with law enforcement. The change increases the quantity required to be charged under this proposed law.

The bill would establish a three-and-a-half year minimum sentence for possession of more than 20 grams of fentanyl, up from the initially proposed five grams. Those convicted of possessing 50 grams or more would get a seven-year sentence, up from 28 grams.

During the public hearings on these bills, addiction recovery specialists and advocates argued that prevention and treatment are more effective methods of combating the drug.

“The intent of this policy is to prevent, not punish, use or addiction,” Gannon said.

Senate Bill 15 would create a mandatory minimum of 10 years in prison for a conviction of manufacturing, dispensing or selling fentanyl resulting in someone’s death. Senators approved it 14-9. Sen. Tim McGough from Merrimack was the only Republican to vote against it.

The bill would provide exceptions for legal sales of fentanyl, as the drug is sometimes used as a medical prescription.

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Democrats like Sen. Tara Reardon, who represents Concord, Hopkinton and Bow, had concerns about intent and judicial discretion. Reardon said she agrees that people should be punished for dealing fentanyl but said it should be up to judges to decide that punishment.

“I want that sentencing to be lengthy in the right cases and when the facts support it,” Reardon said.

Charlotte Matherly is the statehouse reporter for the Concord Monitor and Monadnock Ledger-Transcript in partnership with Report for America. Follow her on X at @charmatherly, subscribe to her Capital Beat newsletter and send her an email at cmatherly@cmonitor.com.