TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 27

UNIFORM CONTROLLED SUBSTANCES

37-2732D.  Trafficking in fentanyl — Mandatory sentences. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code, any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four (4) grams or more of: alfentanil, as described in section 37-2707(c), Idaho Code; carfentanil, as described in section 37-2707(c), Idaho Code; fentanyl, as described in section 37-2707(c), Idaho Code; norfentanyl, as described in section 37-2707(c), Idaho Code; remifentanil, as described in section 37-2707(c), Idaho Code; sufentanil, as described in section 37-2707(c), Idaho Code; fentanyl-related substances, as described in section 37-2705(b), Idaho Code; or any mixture or substance containing a detectable amount of any such substance is guilty of a felony, which felony shall be known as "trafficking in fentanyl." If the quantity involved:

(1)  Is four (4) grams or more but less than fourteen (14) grams, or if such substances are in pill form, consist of one hundred (100) pills or more but fewer than two hundred fifty (250) pills, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);

(2)  Is fourteen (14) grams or more but less than twenty-eight (28) grams, or if such substances are in pill form, consist of two hundred fifty (250) pills or more but fewer than five hundred (500) pills, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000);

(3)  Is twenty-eight (28) grams or more, or if such substances are in pill form, consist of five hundred (500) pills or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).

(4)  The maximum number of years of imprisonment for trafficking in fentanyl shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).

(b)  A second conviction for the offense of trafficking in fentanyl as defined in this section shall result in a mandatory minimum fixed term that is twice that otherwise required under this section.

(c)  Notwithstanding any other provision of law, with respect to any person who is found to have violated the provisions of this section, adjudication of guilt or the imposition or execution of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum fixed term of imprisonment prescribed in this section. Further, the court shall not retain jurisdiction.

(d)  Any person who agrees, conspires, combines, or confederates with another person or solicits another person to commit an act prohibited in subsection (a) of this section is guilty of a felony and is punishable as if he had actually committed such prohibited act.

(e)  For the purposes of subsection (a) of this section, the weight or number of pills of the controlled substance as represented by the person selling or delivering it is determinative if the weight or number of pills as represented is greater than the actual weight or number of pills of the controlled substance.

History:

[37-2732D, added 2024, ch. 4, sec. 2, p. 14.]