Senate Bill 309 Alabama 2026 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

2026 Regular Session

Title

Crimes and offenses; unlawful possession with intent to distribute fentanyl further provided for, trafficking in illegal drugs containing fentanyl further provided for

Summary

SB309 would expand penalties for fentanyl-related offenses and broaden trafficking penalties for many drugs, introduce a 50-pack trafficking option, add a firearm enhancement, and take effect on October 1, 2026.

What This Bill Does

The bill lowers the threshold for unlawful possession with intent to distribute fentanyl or fentanyl analogues to more than one-half gram but less than one gram, or more than two grams but less than four grams. It keeps unlawful distribution as a Class B felony and adds a 50-pack trafficking option that lets prosecutors charge trafficking based on 50 or more identical packages of a substance. It expands trafficking offenses to include a wide range of drugs (cannabis, cocaine, morphine/opium/heroin, methamphetamine, MDMA variants, amphetamine, fentanyl and analogues, ANPP, hydromorphone, LSD, phencyclidine, methaqualone, and more) with specific weight or quantity minimums, including life sentences for large amounts. It imposes a firearm enhancement: if a firearm is possessed during the drug crime, an extra five-year sentence and a $25,000 fine apply, not subject to suspension. It also adds and strengthens penalties for repeat offenses with higher minimums. The act becomes effective October 1, 2026.

Who It Affects

• Individuals knowingly possessing fentanyl or fentanyl analogues with intent to distribute (under new thresholds of 0.5–1.0 g and 2.0–4.0 g) and those involved in fentanyl-related drug trafficking.
• Drug traffickers across a broad list of substances (cannabis, cocaine, morphine/opium/heroin, fentanyl and analogues, MDMA variants, amphetamine, methamphetamine, LSD, phencyclidine, methaqualone, ANPP, hydromorphone) who exceed specified quantities and face mandatory minimums or life sentences.
• Cannabis traffickers and other substance traffickers who reach large weight thresholds (including up to life imprisonment for the largest amounts).
• People who sell or possess 50 or more identical packages of a listed substance, who can be charged with trafficking based on packaging rather than weight.
• Anyone who carries a firearm during a drug crime, who faces an additional non-suspendable five-year sentence and a $25,000 fine.

Key Provisions

• Amends 13A-12-211 to set new fentanyl-related thresholds for unlawful possession with intent to distribute: more than one-half gram but less than one gram, or more than two grams but less than four grams of fentanyl or fentanyl analogues in a mixture.
• Maintains unlawful distribution of controlled substances as a Class B felony; additions to the possession-with-intent-to-distribute thresholds for various substances are outlined, including fentanyl-related amounts.
• Adds a 50-pack provision allowing trafficking charges when a person possesses 50 or more individual packages of a listed substance, with sentencing based on the substance contained in those packages.
• Expands the trafficking provisions in 13A-12-231 to include numerous substances with specific weight/quantity tiers and corresponding mandatory minimum sentences, including life terms for the largest quantities.
• Includes a firearm enhancement: possession of a firearm during a drug offense adds five years to the sentence (not suspendable) and a $25,000 fine.
• Establishes enhanced penalties for repeat offenders in multiple subdivisions (2nd and 3rd+ convictions have additional years added to the sentence and fines).
• Sets an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 17, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses