Selling fentanyl, or possessing it for sale in a vehicle, now brings the law's set prison ranges of 5 to 15 years (10 to 20 with a prior such conviction) at 100 grams instead of 200 grams.
Official title: fentanyl; possession; sale; amount; sentencing
- September 12, 2026
What changes
BeforeA person convicted of possessing fentanyl for sale or of selling or transporting it for sale, where the violation involved selling at least 200 grams to another person, faced a sentence of 5 to 15 years (10 years presumptive).
NowThe same sentence range of 5 to 15 years (10 years presumptive) applies when the sale involves at least 100 grams of fentanyl.
BeforeA person with a prior conviction for selling at least 200 grams of fentanyl faced 10 to 20 years (15 years presumptive).
NowThe 10 to 20 year range (15 years presumptive) applies to a person previously convicted of possessing fentanyl for sale or selling or transporting it for sale, involving the sale of at least 100 grams to another person.
BeforePossessing at least 200 grams of fentanyl in a motor vehicle, as part of a possession-for-sale or sale/transport conviction, triggered 5 to 15 years (10 to 20 with a prior such conviction).
NowThe same ranges are triggered at 100 grams of fentanyl in a motor vehicle.
BeforeThe motor vehicle rule referred to a conviction under "paragraphs 2 and 7" (possession for sale and sale/transport).
NowThe rule now says a conviction under "paragraph 2 or 7," so a conviction for either offense can trigger it.
Who it affects
- People convicted of possessing fentanyl for sale, or of selling or transporting fentanyl for sale, involving at least 100 grams
- Courts that sentence these cases
- Prosecutors and defense attorneys
What you need to do
Nothing.
What the law doesn't answer
- Whether the lower 100-gram threshold applies to offenses committed before the law takes effect
- How the fentanyl amount is weighed, such as whether mixtures count by total weight
- Whether a prior conviction under the old 200-gram rule counts as a prior conviction under the new rule
- Whether the new offense must also involve at least 100 grams for the 10 to 20 year repeat-offender range to apply
- The reason for lowering the threshold
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.