FENTANYL DRUG OFFENSES AND RELATED CHANGES. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 189 (Public) Filed Wednesday, March 1, 2023
AN ACT TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS; AND TO MAKE CERTAIN AUTOPSY LAW CHANGES.
Intro. by McInnis, Britt, Lazzara.

Status: Ch. SL 2023-123 (Sep 28 2023)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF FENTANYL TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; AND TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS.

Bill History:

S 189/S.L. 2023-123

Bill Summaries:

  • Summary date: Sep 28 2023 - View Summary

    AN ACT TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS; AND TO MAKE CERTAIN AUTOPSY LAW CHANGES. SL 2023-123. Enacted September 28, 2023. Effective December 1, 2023, except as otherwise provided.


  • Summary date: Mar 7 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.  Changes the act’s long title and makes conforming changes to the act’s short title.

    Amends GS 90-96.2, the Good Samaritan law’s grant of limited immunity by granting limited immunity from prosecution under GS 90-95 to any person who has possession of less than one gram of any controlled substance. (Was, only less than one gram of cocaine, heroin, or fentanyl.)    

    Amends GS 130A-389 (pertaining to autopsies) by requiring an autopsy to occur when county district attorney or investigating law enforcement agency asserts to the Chief Medical Examiner or the medical examiner in the county where the body is located that probable cause exists that a violation of death by distribution of the controlled substances listed in GS 14-18.4 has occurred.  Effective December 1, 2023. 


  • Bill S 189
    Summary date: Mar 1 2023 - View Summary

    Part I

    Amends GS 90-95 (pertaining to penalties for certain opioid-related crimes) to set forth higher monetary fines for violations of trafficking in opium, opiate, opioid, or heroin as follows. If the amount is between 4 and 14 grams (a Class F felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $500,000. Fine remains no less than $50,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class F felony. If the amount is between 14 and 28 grams (a Class E felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any  mixture containing any of these substances, increases fine to $750,000. Fine remains no less than $100,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class E felony. If the amount is 28 grams or more (a Class C felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $1 million. Fine remains no less than $500,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class C felony.  Effective December 1, 2023, and applies to offenses committed on or after that date.

    Part II

    Enacts new subsection GS 14-18.4(a1), setting forth offense of death by distribution through unlawful delivery of certain controlled substances as a Class C felony when (1) the person unlawfully delivers at least one certain controlled substance, (2) the ingestion of the certain controlled substance or substances causes the death of the user, and (3) the unlawful delivery of those controlled substance(s) proximately caused the victim’s death. Sets forth separate offense of death by distribution through unlawful delivery with malice of certain controlled substances as a Class B2 felony when the person meets the three elements discussed above, but also acts with malice, enacted as GS 14-14.4(a2).

    Amends GS 14-18.4(b) to change name of subsection title to Death by Distribution Through Unlawful Sale of Certain Controlled Substances, and GS 14-18.4(c) to change name of subsection title to Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances. Makes conforming changes throughout to reflect new title changes. (Currently, subsections are entitled Death by Distribution of Certain Controlled Substances, and Aggravated Death by Distribution of Certain Controlled Substances, respectively.) Deletes the requirement that the person did not act with malice as an element of each offense. For Aggravated Death by Distribution through Unlawful Sale of Certain Controlled Substances and other offenses, increases the lookback time for previous identical or similar convictions from 7 years to 10 years.  Specifies that violation of GS 14-18.4(b) is a Class B2 felony (was, Class C), and violation of GS 14-18.4(c) is a Class B1 felony (was, B2).

    Amends GS 14-17 as follows. Deletes language making it second degree murder and a Class B2 felony if the murder is one that was proximately caused by the unlawful distribution of any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or other substance described as a Schedule II controlled substance in GS 90-90(1)d.; methamphetamine; or a depressant described as a Schedule IV controlled substance in GS 90-92(a)(1), and the ingestion of such substance caused the death of the user. Makes conforming changes to account for deletion.  

    Effective December 1, 2023, and applies to offenses committed on or after that date.

    Part III

    Amends GS 90-96.2(c3) (setting forth covered offenses for which a person has limited immunity from prosecution as a good samaritan or overdose victim) to add felony violation under GS 90-95(a)(3) (barring possession of controlled substances) for possession of less than one gram of fentanyl to list of covered offenses. Effective December 1, 2023, and applies to offenses committed on or after that date.

    Part IV

    Creates a Task Force on Enforcement of Fentanyl and Heroin Drug Violations (Task Force), consisting of specified individuals, to study ways to enhance the ability of law enforcement throughout the State to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. Specifies composition of Task Force membership. Specifies meeting and quorum requirements. Allows for meeting space, per diem, and necessary travel and subsistence expenses for Task Force members. Specifies that legislative staff may be made available to assist the Task Force upon the approval of the Legislative Services Commission. Requires the Task Force to submit an interim report to the 2023 General Assembly when it reconvenes in 2024 and a final report, including findings and recommendations, to the 2025 General Assembly.  Specifies that the Task Force terminates after filing its final report.