HB 87: Drug Trafficking Amendments - Utah

Amended 1/30/2025 10:01:294 → Substitute #1 · 5 edits

MODERATE

This bill amends Utah's drug trafficking laws to specifically address fentanyl and fentanyl-related substances, creating a new standalone offense for trafficking these drugs with stricter penalties and limited probation options. The changes clarify that trafficking fentanyl or fentanyl-related substances is unlawful and establish specific sentencing guidelines and reporting requirements for violations.

Scope change

The bill adds a specific criminal offense for trafficking fentanyl or fentanyl-related substances, separate from general drug trafficking provisions, and applies to individuals who produce, manufacture, dispense, distribute, or possess these substances with intent to distribute.

DEFINITION

New definitions for 'fentanyl-related substance' (including carfentanil, sufentanil, alfentanil) and 'trafficking amount' (100 grams or more of any composition containing fentanyl or fentanyl-related substance)

ENFORCEMENT

New Section 58-37-8.1 creates a specific first-degree felony offense for trafficking fentanyl or fentanyl-related substances with limited probation eligibility

New provisions require courts to make specific findings on the record before granting probation for fentanyl trafficking convictions, including assessing public safety risk

REQUIREMENT

Updated Section 58-37-8 to reference the new fentanyl trafficking offense (Section 58-37-8.1) as an exception to general trafficking provisions

TIMELINE

Bill takes effect on May 7, 2025

Amended Excerpts 1/30/2025 10:01:294 → Amended 1/30/2025 10:01:294 · 4 edits

MODERATE

This bill adds a new criminal offense specifically for trafficking fentanyl or fentanyl-related substances, creating a separate section (58-37-8.1) to address this emerging threat. The changes establish new penalties and reporting requirements for fentanyl trafficking that differ from general drug trafficking laws.

Scope change

The bill expands the scope of drug trafficking laws by creating a specific offense for fentanyl and fentanyl-related substances, which were not previously explicitly covered under the general trafficking provisions.

SCOPE

Created a new criminal offense (58-37-8.1) specifically for trafficking fentanyl or fentanyl-related substances, separate from general drug trafficking laws.

ENFORCEMENT

Established new penalties for fentanyl trafficking that vary based on the substance classification, with enhanced penalties for Schedule I and II substances.

REQUIREMENT

Added specific reporting requirements for fentanyl trafficking violations under Section 58-37-8.

TECHNICAL

Changed the bill title and formatting from 'Amended Excerpts' to a complete bill header with sponsor information and title page structure.

Enrolled → Amended Excerpts 1/30/2025 10:01:294 · 2 edits

MINOR

The bill was amended to add specific probation requirements for the rare case where a court grants probation for trafficking fentanyl or fentanyl-related substances. The amendment mandates a minimum of 48 months of probation supervised by the Division of Adult Probation and Parole, replacing the previous language that simply required completing probation terms.

REQUIREMENT

Added a minimum 48-month probation requirement for the limited circumstance where a court may suspend an indeterminate prison sentence for trafficking fentanyl or fentanyl-related substances.

Clarified that the Division of Adult Probation and Parole must supervise the entire probation term, replacing general language about completing probation terms and conditions.

Introduced → Enrolled · 4 edits · Mar 25, 2025

MODERATE

This bill adds a new criminal offense specifically for trafficking fentanyl or fentanyl-related substances, making it a first-degree felony. It also includes technical amendments to existing drug trafficking laws and adds cosponsors to the legislation.

Scope change

The bill's scope was expanded to specifically target fentanyl trafficking as a distinct offense, while existing drug trafficking provisions were modified to reference this new offense.

DEFINITION

New definitions for 'fentanyl-related substance' and 'trafficking amount of fentanyl or a fentanyl-related substance' (100 grams or more)

ENFORCEMENT

New Section 58-37-8.1 creates a specific first-degree felony offense for trafficking fentanyl or fentanyl-related substances

REQUIREMENT

Existing drug trafficking penalties in Section 58-37-8 were amended to exclude circumstances covered by the new fentanyl trafficking offense

TECHNICAL

Added cosponsors to the bill and updated formatting for the enrolled copy

Drug Trafficking Amendments

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