H.F. 2576 DIVISION I 1 POSSESSION OF LETHAL NARCOTICS 2 Section 1. LEGISLATIVE FINDINGS AND PURPOSE. The general 3 assembly finds and declares all of the following: 4 1. Extraordinary and unique lethality. Fentanyl, 5 methamphetamine, and heroin are uniquely dangerous controlled 6 substances whose illicit possession and use routinely result 7 in overdose, death, and severe community harm. Fentanyl, in 8 particular, has a lethal dose measured in micrograms, such that 9 even trace exposure can be fatal. 10 2. No safe quantity in the illicit market. Due to 11 uncontrolled potency, adulteration, and cross-contamination, no 12 quantity of fentanyl, methamphetamine, or heroin can be safely 13 possessed or circulated outside of lawful and tightly regulated 14 contexts. 15 3. Market participation and foreseeability. Knowing 16 possession of these substances sustains illicit markets in 17 which serious bodily injury and death are predictable outcomes, 18 imposing unacceptable risks on users, bystanders, first 19 responders, and the broader community. 20 4. Need for escalated penalties. Existing misdemeanor 21 penalties for possession fail to reflect the gravity of the 22 harm caused, undermine deterrence, and are inconsistent with 23 the state’s compelling interest in protecting public safety. 24 5. Proportionality. Graduated felony penalties for 25 possession of lethal narcotics are proportionate to the 26 severity of the conduct when paired with rebuttable, 27 treatment-oriented discretion for first-time offenders and 28 sharper incapacitation for repeat offenders. 29 6. Purpose. The purposes of this division of this Act 30 are to reduce demand for lethal narcotics, deter continued 31 possession and use, and protect the public by aligning criminal 32 penalties with the known dangers of these substances. 33 Sec. 2. Section 124.101, Code 2026, is amended by adding the 34 following new subsection: 35 -1- LSB 6155HH (4) 91 as/js 1/ 6

H.F. 2576 NEW SUBSECTION . 18A. “Lethal narcotic” means fentanyl or 1 any fentanyl analog, methamphetamine, heroin, or any mixture or 2 compound containing a detectable amount of any such substance. 3 Sec. 3. NEW SECTION . 124.401H Possession of lethal 4 narcotics. 5 1. Notwithstanding section 124.401, subsection 5, a person 6 who knowingly possesses a lethal narcotic is guilty of the 7 following: 8 a. (1) For a first offense, a class “D” felony. 9 (2) All or any part of a sentence imposed pursuant to this 10 paragraph may be suspended and the person placed upon probation 11 upon such terms and conditions as the court may impose. 12 (3) The court shall order a substance use disorder 13 evaluation as a condition of the sentence or supervision and 14 may require the active participation by such person in a drug 15 treatment, rehabilitation, or education program approved by the 16 court. 17 b. For a second offense, a class “C” felony. No such 18 judgment, sentence, or part thereof shall be deferred or 19 suspended. 20 c. For a third or subsequent offense, a class “B” felony. 21 No such judgment, sentence, or part thereof shall be deferred 22 or suspended. 23 2. A person in the immediate possession or control of a 24 firearm while participating in a violation of this section 25 shall be sentenced to two times the term otherwise imposed by 26 law, and no such judgment, sentence, or part thereof shall be 27 deferred or suspended. 28 3. A person in the immediate possession or control of 29 an offensive weapon, as defined in section 724.1, while 30 participating in a violation of this subsection, shall be 31 sentenced to three times the term otherwise imposed by law, and 32 no such judgment, sentence, or part thereof shall be deferred 33 or suspended. 34 DIVISION II 35 -2- LSB 6155HH (4) 91 as/js 2/ 6

H.F. 2576 RECKLESS HOMICIDE BY LETHAL NARCOTIC TRANSFER 1 Sec. 4. LEGISLATIVE FINDINGS AND PURPOSE. The general 2 assembly finds and declares all of the following: 3 1. Extraordinary and unique lethality —— the microdose of 4 death. Fentanyl is an ultra-potent synthetic opioid with a 5 lethal dose measured in micrograms. A quantity too small to 6 be seen, smelled, or tasted can cause respiratory failure and 7 death within minutes. When fentanyl is added to an illicit 8 substance, the substance becomes a lethal instrument capable of 9 indiscriminate death. Methamphetamine and heroin, in illicit 10 form, present comparably catastrophic overdose and mortality 11 risks due to uncontrolled potency and adulteration. 12 2. Market reality —— a system of predictable death. The 13 illicit drug market is a systemic chain in which adulteration, 14 substitution, dilution, and cross-contamination are routine 15 and foreseeable. Fatal overdoses are not aberrations but 16 predictable outcomes of this system, sustained by each unlawful 17 transfer. 18 3. Constructive notice —— affirmative acceptance of a 19 fatal risk. Any person who knowingly possesses or transfers 20 an illegal controlled substance does so with irrefutable 21 constructive notice that the substance may contain fentanyl, 22 methamphetamine, heroin, or similarly lethal adulterants. 23 Voluntary participation in the illicit market constitutes an 24 affirmative acceptance of an extreme and unjustifiable risk 25 of death to others, demonstrating reckless indifference to 26 human life. Ignorance of precise chemical composition is 27 not exculpatory because the danger arises from the market 28 participation itself. 29 4. No safe quantity —— the invisible threat. Because 30 microscopic amounts can be fatal and dosage is uncontrolled, no 31 detectable amount of a lethal narcotic can be safely possessed 32 or transferred outside of lawful and tightly regulated 33 contexts. 34 5. Proportionality determination. Enhanced criminal 35 -3- LSB 6155HH (4) 91 as/js 3/ 6

H.F. 2576 penalties and civil liability are proportionate to the 1 foreseeability of death, magnitude of harm, and degree of 2 reckless indifference involved, particularly when paired with 3 narrow postconviction proportionality review. 4 6. Purpose. The purposes of this division of this Act 5 are to treat drug-induced death as foreseeable homicide; 6 to incapacitate those who sustain lethal markets; to 7 deter participation by aligning penalties with real-world 8 consequences; and to protect the public from substances 9 functioning as weapons of mass casualty when unlawfully 10 circulated. 11 Sec. 5. NEW SECTION . 707.12 Reckless homicide by lethal 12 narcotic transfer. 13 1. A person violates this section when the person knowingly 14 transfers a controlled substance, in violation of chapter 124, 15 that contains a lethal narcotic that is a proximate cause of 16 the death of another person by the injection, inhalation, 17 absorption, or ingestion of the lethal narcotic. It is not 18 a defense that the other person voluntarily ingested the 19 substance, contributed to the death, or consented to the 20 administration of the lethal narcotic. For purposes of this 21 section, “lethal narcotic” means the same as defined in section 22 124.101. 23 2. Notwithstanding any other provision of law, a person 24 committing a violation of this section is guilty of a class “A” 25 felony. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill establishes the criminal offenses of possession 30 of lethal narcotics and reckless homicide by lethal narcotic 31 transfer. The bill contains legislative findings and purposes. 32 DIVISION I. The bill defines “lethal narcotic” as fentanyl 33 or any fentanyl analog, methamphetamine, heroin, or any 34 mixture or compound containing a detectable amount of any such 35 -4- LSB 6155HH (4) 91 as/js 4/ 6

H.F. 2576 substance. 1 The bill provides that, notwithstanding Code section 2 124.401(5), for a first offense, a person who knowingly 3 possesses a lethal narcotic is guilty of a class “D” felony. 4 All or any part of a sentence imposed may be suspended and the 5 person placed upon probation upon such terms and conditions 6 as the court may impose. The court shall order a substance 7 use disorder evaluation as a condition of the sentence or 8 supervision and may require the active participation by such 9 person in a drug treatment, rehabilitation, or education 10 program approved by the court. For a second offense, the 11 person is guilty of a class “C” felony, and no such judgment, 12 sentence, or part thereof may be deferred or suspended. For a 13 third or subsequent offense, the person is guilty of a class 14 “B” felony, and no such judgment, sentence, or part thereof may 15 be deferred or suspended. 16 A class “D” felony is punishable by confinement for no more 17 than five years and a fine of at least $1,025 but not more than 18 $10,245. A class “C” felony is punishable by confinement for 19 no more than 10 years and a fine of at least $1,370 but not more 20 than $13,660. A class “B” felony is punishable by confinement 21 for no more than 25 years. 22 The bill provides that a person in the immediate possession 23 or control of a firearm while participating in a violation of 24 this division of the bill shall be sentenced to two times the 25 term otherwise imposed by law, and no such judgment, sentence, 26 or part thereof shall be deferred or suspended. The bill 27 provides that a person in the immediate possession or control 28 of an offensive weapon, as defined in Code section 724.1, while 29 participating in a violation of the bill, shall be sentenced 30 to three times the term otherwise imposed by law, and no such 31 judgment, sentence, or part thereof shall be deferred or 32 suspended. 33 DIVISION II. The bill provides that a person commits 34 reckless homicide by lethal narcotic transfer when the person 35 -5- LSB 6155HH (4) 91 as/js 5/ 6

H.F. 2576 knowingly transfers a controlled substance that contains a 1 lethal narcotic that is a proximate cause of the death of 2 another person by the injection, inhalation, absorption, or 3 ingestion of the lethal narcotic. It is not a defense that the 4 other person voluntarily ingested the substance, contributed 5 to the death, or consented to the administration of the lethal 6 narcotic. A person committing reckless homicide by lethal 7 narcotic transfer is guilty of a class “A” felony. 8 A class “A” felony is punishable by confinement for life 9 without possibility of parole. 10 -6- LSB 6155HH (4) 91 as/js 6/ 6