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S 2096

Relates to the criminal possession of fentanyl

2025 Regular Session Introduced by Peter Oberacker and 2 co-sponsors

Summary of S 2096: Relates to the Criminal Possession of Fentanyl Bill OverviewSenate Bill 2096, introduced on June 17, 2025, aims to address the growing opioid crisis by strengthe

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Bill Summary · S 2096

Summary of S 2096: Relates to the Criminal Possession of Fentanyl

Bill Overview

Senate Bill 2096, introduced on June 17, 2025, aims to address the growing opioid crisis by strengthening laws related to the criminal possession of fentanyl. This bill is a companion to House Bill HR 2878 and replaces an earlier version, Senate Bill SD 1120.

Key Provisions

The main provisions of S 2096 include:

  1. Increased Penalties for Fentanyl Possession: The bill would establish higher criminal penalties for the possession of fentanyl, including:

    • Possession of less than 2 grams: Class C felony punishable by up to 5 years in prison
    • Possession of 2 grams or more: Class B felony punishable by up to 10 years in prison

  2. Mandatory Minimum Sentences: The bill would impose mandatory minimum sentences for fentanyl possession convictions:

    • Possession of 5 grams or more: Mandatory minimum of 2 years in prison
    • Possession of 10 grams or more: Mandatory minimum of 5 years in prison

  3. Expanded Search and Seizure Authority: Law enforcement would be granted broader authority to search for and seize fentanyl, including the ability to obtain search warrants based on probable cause of fentanyl possession.

  4. Treatment and Diversion Programs: The bill would establish new funding and programs to provide substance abuse treatment and rehabilitation services as alternatives to incarceration for certain low-level offenders.

Potential Impact

If enacted, S 2096 would have several significant impacts:

  • It would significantly increase the criminal penalties and prison sentences for individuals caught possessing even small amounts of fentanyl.
  • Law enforcement would have expanded powers to investigate and prosecute fentanyl-related crimes.
  • The new treatment and diversion programs could provide more opportunities for rehabilitation and reduced recidivism, but their funding and effectiveness remain to be determined.
  • The bill's approach has been criticized by some as overly punitive, potentially exacerbating mass incarceration and racial disparities in the criminal justice system.

Overall, S 2096 represents a legislative effort to combat the opioid crisis by taking a tough stance on fentanyl possession, though its long-term impact on public health and safety remains to be seen.

Compiled from official sources — confirm details with the bill’s official record.

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