Outside Section 38

Fentanyl Trafficking Enforcement

SECTION 38. Section 32E of chapter 94C of the General Laws is hereby amended by striking out subsection (c1/2), as inserted by chapter 136 of the acts of 2015 , and inserting in place thereof the following subsection:-

(c1/2) Any person who trafficks in fentanyl, by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of any mixture containing fentanyl or a derivative of fentanyl shall be punished by a term of imprisonment in state prison for not more than 20 years.



Summary:
This section amends the definition of fentanyl trafficking to parallel the definitions of other trafficking statutes and eliminates the requirement that the Commonwealth prove the purity of a substance containing fentanyl in a fentanyl trafficking prosecution. As the State Police lab does not test suspected controlled substances for purity, this section would eliminate the need to outsource purity testing to a private lab.