Fentanyl enhancement, controlled substance cleanup passed

A measure that enhances penalties for certain drug offenses involving fentanyl was given final approval Feb. 27.

LB795, introduced by Sen. Barry DeKay of Niobrara, makes a number of technical changes to the state’s Uniform Controlled Substances Act, including correcting the spelling in statute of three chemicals. It also designates bromazolam as a Schedule 1 controlled substance under the act.

The bill was amended on select file to include provisions of Whitman Sen. Tanya Storer’s LB817. Those provisions add fentanyl to the list of controlled substances in state law that if knowingly or intentionally manufactured, distributed, delivered, dispensed or possessed with the intent to distribute — either by itself, or in a mixture or substance containing a detectable amount of fentanyl — are subject to an enhanced penalty depending on the quantity.

Under the proposal:
• 140 grams is a Class IB felony;
• at least 28 grams but less than 140 grams is a Class IC felony; and
• at least 10 grams but less than 28 grams is a Class ID felony.

A Class IB felony is punishable by a mandatory minimum sentence of 20 years in prison up to a maximum of life imprisonment.

Lawmakers passed LB795 32-14.