Bill increasing fentanyl trafficking penalties clears first hurdle at Roundhouse

SANTA FE — A bill that would allow New Mexico judges to issue longer prison sentences for certain fentanyl trafficking convictions cleared its first House committee hurdle Friday.

But some lawmakers cautioned the proposal could lead to increased incarceration rates in a state struggling with a shortage of substance abuse treatment providers.

The bill, House Bill 16, would allow judges to sentence individuals convicted of fentanyl trafficking to longer prison terms, depending on the amount of the drug in their possession.

For instance, defendants in possession of more than 500 fentanyl pills — or more than 50 grams of fentanyl powder — could face an additional five years tacked onto their prison sentence.

Rep. Charlotte Little, D-Albuquerque, the bill’s sponsor, described fentanyl use as a crisis affecting cities and towns across New Mexico.

“I will submit that every day is survivor’s day for families of opioid overdoses,” Little said.

New Mexico’s drug overdose rate declined last year but is still significantly above the national average, with a rate of 46.3 deaths per 100,000 people as of 2023, according to state Department of Health data.

Fentanyl was the leading cause of fatal overdoses, as the drug was involved in 65% of the state’s overdose deaths in 2023.

In addition, Albuquerque Police Department officials announced in October the agency would begin cracking down on open-air use of fentanyl and other hard drugs along Central Avenue, after such drug use became an everyday sight.

Given that backdrop, several pieces of legislation dealing with fentanyl have been filed at the Roundhouse during this year’s 60-day session. Another bill, Senate Bill 95, would make it a capital felony punishable by life in prison without the possibility of parole to sell fentanyl to someone who subsequently dies of an overdose.

During Friday’s debate in the House Government, Elections and Indian Affairs Committee, Rep. John Block, R-Alamogordo, questioned whether the bill would also apply to trafficking of synthetic drugs similar to fentanyl.

While Mark Baker, an Albuquerque attorney and expert witness on the bill, said it would not apply to other drugs in its current form, Block said he still supported the legislation.

“I am sick and tired of this issue in our state,” he said.

However, Rep. Janelle Anyanonu, D-Albuquerque, pointed out fentanyl is cheap and easily accessible, and expressed concern that increasing penalties could disproportionately impact minority populations.

“It just kind of reminds me of the disparity in sentencing that we saw with crack versus powder cocaine in the 1990s,” Anyanonu said. “That makes me a little nervous.”

After nearly one hour of debate Friday, the bill passed the committee on a 6-3 vote, with all Republicans voting in favor and Democrats split on the proposal.

The measure now advances to the House Judiciary Committee.

A similar proposal to crack down on fentanyl trafficking is also advancing in Congress, with the U.S. House voting 312-108 this week in approval.

New Mexico’s congressional delegation was split on the proposal, with U.S. Rep. Gabe Vasquez voting in favor and U.S. Rep. Melanie Stansbury voting in opposition. The state’s third U.S. House member, Teresa Leger Fernández, was not present for the vote.