HF 2576 (LSB 6155HH (4) 91)

HOUSE FILE 2576

BY  THOMSON

A BILL FOR

An Act establishing the criminal offenses of possession of lethal narcotics and reckless homicide by lethal narcotic transfer, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
POSSESSION OF LETHAL NARCOTICS

    Section 1.  LEGISLATIVE FINDINGS AND PURPOSE.  The general assembly finds and declares all of the following:
   1.  Extraordinary and unique lethality. Fentanyl, methamphetamine, and heroin are uniquely dangerous controlled substances whose illicit possession and use routinely result in overdose, death, and severe community harm. Fentanyl, in particular, has a lethal dose measured in micrograms, such that even trace exposure can be fatal.
   2.  No safe quantity in the illicit market. Due to uncontrolled potency, adulteration, and cross-contamination, no quantity of fentanyl, methamphetamine, or heroin can be safely possessed or circulated outside of lawful and tightly regulated contexts.
   3.  Market participation and foreseeability. Knowing possession of these substances sustains illicit markets in which serious bodily injury and death are predictable outcomes, imposing unacceptable risks on users, bystanders, first responders, and the broader community.
   4.  Need for escalated penalties. Existing misdemeanor penalties for possession fail to reflect the gravity of the harm caused, undermine deterrence, and are inconsistent with the state’s compelling interest in protecting public safety.
   5.  Proportionality. Graduated felony penalties for possession of lethal narcotics are proportionate to the severity of the conduct when paired with rebuttable, treatment-oriented discretion for first-time offenders and sharper incapacitation for repeat offenders.
   6.  Purpose. The purposes of this division of this Act are to reduce demand for lethal narcotics, deter continued possession and use, and protect the public by aligning criminal penalties with the known dangers of these substances. 
    Sec. 2.  Section 124.101, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  18A.  “Lethal narcotic” means fentanyl or any fentanyl analog, methamphetamine, heroin, or any mixture or compound containing a detectable amount of any such substance.
    Sec. 3.  NEW SECTION.  124.401H  Possession of lethal narcotics.
   1.  Notwithstanding section 124.401, subsection 5, a person who knowingly possesses a lethal narcotic is guilty of the following:
   a.  (1)  For a first offense, a class “D” felony.
   (2)  All or any part of a sentence imposed pursuant to this paragraph may be suspended and the person placed upon probation upon such terms and conditions as the court may impose.
   (3)  The court shall order a substance use disorder evaluation as a condition of the sentence or supervision and may require the active participation by such person in a drug treatment, rehabilitation, or education program approved by the court.
   b.  For a second offense, a class “C” felony. No such judgment, sentence, or part thereof shall be deferred or suspended.
   c.  For a third or subsequent offense, a class “B” felony. No such judgment, sentence, or part thereof shall be deferred or suspended.
   2.  A person in the immediate possession or control of a firearm while participating in a violation of this section shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.
   3.  A person in the immediate possession or control of an offensive weapon, as defined in section 724.1, while participating in a violation of this subsection, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.
DIVISION II
RECKLESS HOMICIDE BY LETHAL NARCOTIC TRANSFER

    Sec. 4.  LEGISLATIVE FINDINGS AND PURPOSE.  The general assembly finds and declares all of the following:
   1.  Extraordinary and unique lethality —— the microdose of death. Fentanyl is an ultra-potent synthetic opioid with a lethal dose measured in micrograms. A quantity too small to be seen, smelled, or tasted can cause respiratory failure and death within minutes. When fentanyl is added to an illicit substance, the substance becomes a lethal instrument capable of indiscriminate death. Methamphetamine and heroin, in illicit form, present comparably catastrophic overdose and mortality risks due to uncontrolled potency and adulteration.
   2.  Market reality —— a system of predictable death. The illicit drug market is a systemic chain in which adulteration, substitution, dilution, and cross-contamination are routine and foreseeable. Fatal overdoses are not aberrations but predictable outcomes of this system, sustained by each unlawful transfer.
   3.  Constructive notice —— affirmative acceptance of a fatal risk. Any person who knowingly possesses or transfers an illegal controlled substance does so with irrefutable constructive notice that the substance may contain fentanyl, methamphetamine, heroin, or similarly lethal adulterants. Voluntary participation in the illicit market constitutes an affirmative acceptance of an extreme and unjustifiable risk of death to others, demonstrating reckless indifference to human life. Ignorance of precise chemical composition is not exculpatory because the danger arises from the market participation itself.
   4.  No safe quantity —— the invisible threat. Because microscopic amounts can be fatal and dosage is uncontrolled, no detectable amount of a lethal narcotic can be safely possessed or transferred outside of lawful and tightly regulated contexts.
   5.  Proportionality determination. Enhanced criminal penalties and civil liability are proportionate to the foreseeability of death, magnitude of harm, and degree of reckless indifference involved, particularly when paired with narrow postconviction proportionality review.
   6.  Purpose. The purposes of this division of this Act are to treat drug-induced death as foreseeable homicide; to incapacitate those who sustain lethal markets; to deter participation by aligning penalties with real-world consequences; and to protect the public from substances functioning as weapons of mass casualty when unlawfully circulated.
    Sec. 5.  NEW SECTION.  707.12  Reckless homicide by lethal narcotic transfer.
   1.  A person violates this section when the person knowingly transfers a controlled substance, in violation of chapter 124, that contains a lethal narcotic that is a proximate cause of the death of another person by the injection, inhalation, absorption, or ingestion of the lethal narcotic. It is not a defense that the other person voluntarily ingested the substance, contributed to the death, or consented to the administration of the lethal narcotic. For purposes of this section, “lethal narcotic” means the same as defined in section 124.101.
   2.  Notwithstanding any other provision of law, a person committing a violation of this section is guilty of a class “A” felony.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offenses of possession of lethal narcotics and reckless homicide by lethal narcotic transfer. The bill contains legislative findings and purposes.
   DIVISION I. The bill defines “lethal narcotic” as fentanyl or any fentanyl analog, methamphetamine, heroin, or any mixture or compound containing a detectable amount of any such substance.
   The bill provides that, notwithstanding Code section 124.401(5), for a first offense, a person who knowingly possesses a lethal narcotic is guilty of a class “D” felony. All or any part of a sentence imposed may be suspended and the person placed upon probation upon such terms and conditions as the court may impose. The court shall order a substance use disorder evaluation as a condition of the sentence or supervision and may require the active participation by such person in a drug treatment, rehabilitation, or education program approved by the court. For a second offense, the person is guilty of a class “C” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. For a third or subsequent offense, the person is guilty of a class “B” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. 
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than 25 years.
   The bill provides that a person in the immediate possession or control of a firearm while participating in a violation of this division of the bill shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended. The bill provides that a person in the immediate possession or control of an offensive weapon, as defined in Code section 724.1, while participating in a violation of the bill, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.
   DIVISION II. The bill provides that a person commits reckless homicide by lethal narcotic transfer when the person knowingly transfers a controlled substance that contains a lethal narcotic that is a proximate cause of the death of another person by the injection, inhalation, absorption, or ingestion of the lethal narcotic. It is not a defense that the other person voluntarily ingested the substance, contributed to the death, or consented to the administration of the lethal narcotic. A person committing reckless homicide by lethal narcotic transfer is guilty of a class “A” felony.
   A class “A” felony is punishable by confinement for life without possibility of parole.