State Fentanyl Penalty Enhancements: A Comprehensive Legal Review

Overview

States often have complex laws penalizing controlled substance possession, distribution, sale, manufacture, trafficking, and similar actions.  Frequently, penalties for violations of these laws are dependent upon which substance is involved and the weight or amount of the substance in question.  Many states have recently enacted laws that provide for higher penalties or lower thresholds to trigger penalties for fentanyl than other drugs. This resource identifies all laws that impose criminal penalties for the possession, distribution, or trafficking of controlled substances generally and fentanyl specifically that were in effect as of July 1, 2025. The table notes the characteristics of all laws that impose more stringent penalty provisions where the violation involves fentanyl.