HOUSE BILL 60
56th legislature - STATE OF NEW MEXICO - first session, 2023
William "Bill" R. Rehm and Randall T. Pettigrew and
RELATING TO CRIMINAL SENTENCING; REQUIRING AN ENHANCED SENTENCE FOR POSSESSION OF FENTANYL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Sentencing Act is enacted to read:
"[NEW MATERIAL] POSSESSION OF FENTANYL--ENHANCED SENTENCE.--When a separate finding of fact by the court or a jury shows that fentanyl was possessed pursuant to Subsection A of Section 30-31-23 NMSA 1978, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be enhanced when the fentanyl possessed is:
A. between twenty-five and forty-nine pills or in any form equaling fifty to ninety milligrams of fentanyl, the sentence imposed shall be increased by three years;
B. between fifty and seventy-four pills or in any form equaling one hundred to one hundred forty-nine milligrams of fentanyl, the sentence imposed shall be increased by five years; and
C. exceeding seventy-five pills or in any form exceeding one hundred fifty milligrams of fentanyl, the sentence imposed shall be increased by seven years."
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