(The Center Square) — New Hampshire lawmakers are moving to toughen the state’s fentanyl laws with proposals that would set mandatory minimum sentences for those convicted of peddling the deadly synthetic opioid.
A pair of bills recently approved by the Republican-controlled state Senate would create mandatory minimum sentences for people convicted on fentanyl charges – including manufacturing, selling, transporting or possessing with the intent to sell.
One bill would require anyone convicted with 20 grams or more of fentanyl-class drugs to serve at least 3½ years in prison, while those convicted with 50 grams or more would face at least seven years under the bill. There are exemptions for suspects who cooperate with the police.
Another bill would face a minimum sentence of 10 years in prison in cases where they illegally manufactured, sold or dispensed fentanyl that resulted in someone dying.
State Sen. Bill Gannon, R-Sandown, the primary sponsor of both bills, said the intent of the bill is to “punish” fentanyl dealers, not people who are addicted to the drugs. He said that’s one reason why the proposal was amended to increase the proposal was amended to increase the quantities of fentanyl that would trigger a mandatory minimum sentence.
“Keeping New Hampshire the safest state in the nation means keeping drug dealers off our streets,” Gannon said in remarks ahead of the bill’s passage last Thursday. “We know that fentanyl is increasingly dangerous and causes a majority of the overdose deaths in our community.”
New Hampshire currently has no minimum sentences under state law. However, the state has set a maximum sentence of 30 years for the first offense and life imprisonment for repeat offenders.
Senate Democrats opposed both bills, saying they support tougher laws for fentanyl dealers but arguing that mandatory sentences won’t work and would ultimately drive up costs for the state.
“The fact is mandatory minimums are not effective,” state Sen. Rebecca Perkins Kwoka, a Portsmouth Democrat, said in remarks during a debate on the bill. “It is simply a show policy that will have massive consequences. This bill takes the power out of the hands of judges and is incredibly expensive.”
Other Democrats argued that the state should be focusing more on treatment and prevention of substance abuse instead of resisting the ‘war on drugs’ policies.
“Sending funds to incarcerate more people will come at the expense of treatment and in some cases will serve to increase property taxes,” state Sen. Cindy Rosenwald, a Nashua Democrat, said during a debate on the bill.
The bill has now moved to the GOP-controlled House of Representatives, which must approve it before sending it to Gov. Kelly Ayotte for consideration. Ayotte, a Republican who took office last month, has pledged to increase penalties for fentanyl dealers.
