76-18-220. Trafficking of fentanyl or a fentanyl-related substance.
(1) As used in this section: "Fentanyl-related substance" means a derivative or analog of fentanyl including: carfentanil; sufentanil; alfentanil; or a fentanyl-related substance that is a controlled substance as described in Section. 58-37-107 "Trafficking amount of fentanyl or a fentanyl-related substance" means 100 grams or more of any composition or mixture, including pills, that contains any quantity of fentanyl or a fentanyl-related substance. Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201
(2) An actor commits trafficking of fentanyl or a fentanyl-related substance if the actor intentionally: produces, manufactures, or dispenses a trafficking amount of fentanyl or a fentanyl-related substance; distributes a trafficking amount of fentanyl or a fentanyl-related substance; agrees, consents, offers, or arranges to distribute a trafficking amount of fentanyl or a fentanyl-related substance; or possesses a trafficking amount of fentanyl or a fentanyl-related substance with the intent to distribute the fentanyl or fentanyl-related substance.
(3) A violation of Subsectionis a first degree felony. (2)
(4) Except as provided in Subsectionor, a court may not grant probation, suspend the execution or imposition of the sentence, order hospitalization, or enter a judgment for a lower category of offense under Section, if the effect of which would in any way shorten the actor's required indeterminate prison sentence, when: (5) (6) 76-3-402 sentencing an actor for a violation described in Subsection; (3) sentencing an actor for a conviction of an attempt to commit trafficking of fentanyl or a fentanyl-related substance in accordance with Section; or 76-4-102 sentencing an actor who has had the first degree felony classified in Subsectionreduced one degree by a prosecuting attorney in accordance with Section. (3) 77-2-2.3
(5) Except as provided by Subsection, a court may suspend the execution or imposition of a prison sentence under Subsectionif the court: (7) (4) makes a finding on the record that: details why it is in the interests of justice not to execute or impose the prison sentence; and the actor does not pose a significant safety risk to the general public; and orders the actor to complete the terms and conditions of probation that is supervised by the Division of Adult Probation and Parole.
(6) Subsectiondoes not apply if the sentencing court finds that the actor: (4) was under 18 years old at the time of the offense; and could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.
(7) If a court seeks to suspend the execution or imposition of a prison sentence under Subsection, the court shall impose the mandatory jail sentence described in Subsection, and may not suspend any portion of the jail sentence or grant early release, if: (5) (7)(b) the court suspends the imposition of a prison sentence for a conviction under Subsection; (2) the violation is the actor's second or subsequent conviction for an offense under Subsection; or (2) the actor previously has been convicted of a criminal violation in another jurisdiction, including a state or federal court, that is substantially equivalent to the violation of an offense under Subsection; and (2) the actor previously has been convicted of reentry of a removed alien under 8 U.S.C. Sec. 1326. The mandatory jail sentence referred to in Subsectionis 360 days in jail. (7)(a) Except as provided in Subsection, an actor who is subject to a mandatory jail sentence under Subsectionmay not be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation until the actor has served the entire jail sentence described in Subsection. (7)(c)(ii) (7)(a) (7)(b) An actor may be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation at any time during the 14-day period before the final day of the actor's jail sentence described in Subsection. (7)(b)
(8) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.