New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil

My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, but I wanted to follow up on that point with the details. The new law, with new fines for certain controlled substances, takes effect on December 1, 2023. This post examines the coming changes to drug trafficking fines. Consistent with my defender-focused role, it also explores potential constitutional issues defenders might consider raising in cases where the new fines apply. Current Opiate/Opioid Trafficking Fines. G.S. 90-95(h) lays out a scheme of mandatory fines that typically accompany a trafficking conviction. The amount varies depending on the specific drug at issue and rises with each level of trafficking. Most relevant for our purposes, current law imposes the following fines for each level of trafficking in opiates or opioids: Level I Trafficking (between 4 – 13. 9 grams) = $50,000.00 Level II Trafficking (between 14 – 27.9 grams) = $100,000.00 Level III Trafficking (28 grams or more) = $500,000.00 These are mandatory minimum fines. The sentencing judge lacks discretion to waive or reduce them (at least absent a finding that the defendant provided substantial assistance or qualified for relief under the First Step Act, or a determination that imposition of the fine would be unconstitutional). The New Fine Amounts. The numbers listed above will soon change in a significant way for certain drugs. Under the revised G.S. 90-95(h), if the trafficking offense involves [...]