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50-state survey Substance Use Prevention and Harm ReductionHarm Reduction Legal Project

­Fentanyl-Specific State Laws: January 1, 2020 to July 1, 2025

February 2, 2026

Overview

Over the past several years, state legislatures have passed a variety of laws that criminalize fentanyl-related activities in ways that are unique from other controlled substances laws. This survey captures laws states have enacted between the beginning of 2020 and the middle of 2025 that create new offenses specific to fentanyl or treat crimes involving fentanyl differently than those same crimes when other drugs are involved. These include drug-induced homicide laws, laws criminalizing exposing others to fentanyl, and laws criminalizing certain types of packaging of fentanyl, among others.