Fentanyl Eradication & Removal Act 2025

The Fentanyl Eradication & Removal Act (Senate Bill 79), signed into law in 2025, marks Georgia’s most aggressive legislative step yet to combat the state’s fentanyl crisis. Taking effect July 1, 2025, this law establishes dramatically harsher penalties and reforms how fentanyl cases are prosecuted. This separates fentanyl crimes from general opioid statutes and delivering severe, mandatory minimum sentences even for smaller amounts.

Background and Legislative Purpose

The law was created to address Georgia’s surge in fentanyl-related overdose deaths. The Fentanyl-related death statistics spiked sharply between the years 2020-2024. According to the Centers for Disease Control and Prevention, there were 1,726 total fentanyl deaths in 2022, 2,649 in 2023, and 2,510 cases were predicted for 2024 in Georgia alone. ¹

Senate Bill 79 (Fentanyl Eradication & Removal Act) is meant to "hold traffickers accountable to the fullest extent". Another goal is to deter the availability and use of fentanyl. In the USA, Fentanyl is recognized as being a far greater health risk than other types of opioids.

Key Provisions of the Act

Separate Legal Status for Fentanyl

Fentanyl and its analogs are now treated in a dedicated category, no longer prosecuted merely as part of the general opioid or Schedule II drug laws.

The Act revises threshold amounts for trafficking and possession offenses, acknowledging fentanyl’s exceptional potency and lethality.

Mandatory Minimum Sentences for Trafficking

The law sets harsh sentences based on the weight of fentanyl or fentanyl-laced mixtures:

• 4 grams to 14 grams: Mandatory minimum 5 years in prison, no eligibility for parole during that period.
• 14 grams to less than 28 grams: Significantly increased sentences, mandatory minimums reaching 10–15 years.
• 28 grams or more: The most severe penalties, mandatory minimums 25–35 years, potential life sentence (especially for high-level Fentanyl traffickers).

All convictions under the Act also carry fines ranging from $75,000 up to $750,000. The quantity of Fentanyl involved is the main factor in assessing the amount of fines.

Lowered Thresholds, Expanded Accountability

The Act reduces the amount of fentanyl necessary to trigger trafficking charges compared to prior law, expanding the range of conduct that results in felony prosecution and severe penalties.

Lawmakers aimed to target not only "kingpins" but also individuals caught with smaller—yet still deadly—amounts of fentanyl.

No Judicial Discretion for Mandatory Minimums

Judges have little authority to sentence below mandatory minimums set by law, except in rare cases involving first offenders with strong mitigating factors.

Possession, manufacturing, delivery, and bringing fentanyl into the state now uniformly fall under these strict sentencing categories.

Comparison to Prior Law

Previously, fentanyl was prosecuted under broader opioid statutes, where mandatory minimums and lower weight thresholds did not always apply.

The new law’s dedicated fentanyl schedule, stiffer requirements, and lack of parole eligibility for minimum sentences all make Georgia’s approach among the toughest in the nation.

Broader Legislative Context

The Act builds on Austin’s Law (passed in 2024). Per the https://ltgov.georgia.gov/ website, "Austin’s Law (Georgia Senate Bill 465) is a law that combats the fentanyl crisis by creating a new offense called felony aggravated involuntary manslaughter. Passed in 2024, it holds drug dealers and distributors accountable if their illicit substance sales result in an overdose death."².

Legislators and advocates cited rising overdose deaths and public safety concerns as key motivators for passing the sweeping reforms.

Summary & Key Takeaways

Georgia’s 2025 "Fentanyl Eradication & Removal Act" fundamentally changes the legal landscape for fentanyl crimes in the state, delivering some of the nation’s harshest penalties and requiring aggressive prosecution of even low-level offenses. While intended to combat the opioid crisis and save lives, the law’s reach is far broader—making any interaction with fentanyl a high-risk legal issue and ensuring traffickers face years, if not decades, behind bars if convicted.