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CS/SB 612 — Unlawful Distribution of Controlled Substances Resulting in Death

by Criminal Justice Committee and Senator Burgess

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill creates a new crime of third degree murder for the unlawful killing of a human being when:

  • A person under 18 years old distributes any substance or mixture that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs; and
  • Such substance or mixture is proven to have caused or proven to have been a substantial factor in producing the death of the user.

This new third degree murder offense is a second degree felony.

“Dangerous fentanyl or fentanyl analogs” includes:

  • Alfentanil.
  • Carfentanil.
  • Fentanyl.
  • Sufentanil.
  • A fentanyl derivative.
  • A controlled substance analog of any of the above listed substances.
  • A mixture containing any of the above listed substances.

The term “distribute” means to deliver, other than by administering or dispensing, a controlled substance.

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2025.

Vote: Senate 31-5; House 113-1