Senate Bill 189 - Summary

• Increases mandatory fines for trafficking in heroin, fentanyl, or carfentanil to $500,000 for 4-14 grams, $750,000 for 14-28 grams, and $1,000,000 for 28+ grams, with lower fines for other controlled substances.

• Expands "death by distribution" offenses to include unlawful delivery (with and without malice) of controlled substances that cause death, and increases penalties from Class C felony to Class B2 or Class B1 felonies for aggravated violations.

• Adds possession of less than one gram of any controlled substance to the list of offenses eligible for limited immunity from prosecution when a person seeks emergency medical assistance.

• Establishes Task Force on Enforcement of Fentanyl and Heroin Drug Violations comprising state law enforcement leadership to study ways to combat illegal manufacturing, importation, and distribution of these substances, with interim report due 2024 and final report due 2025.

• Requires complete autopsy when district attorney or law enforcement asserts probable cause that a death by distribution violation under G.S. 14-18.4 has occurred, and sets autopsy fee at $2,800.