Over recent years, New Hampshire has made progress in recognizing substance use disorder as a chronic medical condition requiring care and support, rather than a criminal issue. Addressing substance misuse requires comprehensive, evidence-based treatment, access to behavioral health care, and supportive community health programs and services. Data shows that mandatory minimum sentencing is not effective in reducing substance use, overdose deaths, or substance-related arrests.1 Rather, these policies lead to higher rates of incarceration, at a higher cost to taxpayers, all while widening racial disparities within our criminal justice system.2 New Hampshire policies should focus on substance use treatment, prevention, and support rather than those that continue the cycle of criminalization and incarceration.
SB 14 and SB 15 propose mandatory minimum sentencing for some fentanyl and other drug-related offenses. Mandatory minimum sentences remove individuals from their communities, restrict access to needed treatment, and weaken our state's efforts to overcome the ongoing addiction crisis.
About the Bills
SB 14 would require a minimum sentence of 3.5 to 7 years for some fentanyl-related offenses, and SB 15 would require a minimum sentence of 10 years for distribution of a substance that results in a death. These bills would cause further harm to individuals in need of treatment, and would undermine the progress New Hampshire has made in increasing access to treatment for substance use disorder.
The Harms of Mandatory Minimum Sentencing
Mandatory minimum sentences don't address the root causes of substance misuse, but rather harm families, individuals, and communities. Mandatory minimums:
- Separate families and perpetuate trauma3
- Disproportionately affect marginalized communities and exacerbate cycles of poverty and criminalization4
- Fail to prevent future substance misuse and related arrests1
- Create barriers to treatment and recovery1
- Burden taxpayers with high incarceration costs2
A Better Path Forward
Research shows that every $1 invested in substance use treatment saves $4 in health care costs and $7 in law enforcement and other criminal justice costs.5 Our policies should continue to focus on addressing the root causes of substance misuse and developing effective, compassionate solutions that build resilient communities through evidence-based treatment, prevention programs, and support for all Granite Staters.
Remote Sign-In (by midnight on 1/14)
Remote Sign-In for SB 14: Fentanyl-Related Offenses
- Go to the Senate Remote Sign-In Sheet on the GenCourt website.
- Select the date: January 14
- Select the committee: Senate Judiciary
- Choose the bill number: SB 14
- Select "I am: a member of the public" unless one of the other labels is appropriate to you.
- Fill in "I'm Representing: Myself" unless you are approved to represent another entity (i.e. your workplace or an organization).
- Select "I OPPOSE this bill."
- "Continue" to fill in your personal information, then click continue again.
Remote Sign-In for SB 15: Distribution Resulting in Death
- Go to the Senate Remote Sign-In Sheet on the GenCourt website.
- Select the date: January 14
- Select the committee: Senate Judiciary
- Choose the bill number: SB 15
- Select "I am: a member of the public" unless one of the other labels is appropriate to you.
- Fill in "I'm Representing: Myself" unless you are approved to represent another entity (i.e. your workplace or an organization).
- Select "I OPPOSE this bill."
- "Continue" to fill in your personal information, then click continue again.
Testify in Person: Let us Know you're Interested!
Show your opposition to mandatory minimum sentencing bills by attending and testifying at the public hearings on Tuesday, January 14. New Futures can help you prepare remarks, find the committee room, and offer moral support at the hearing. Click the button below to indicate your interest.
Bill Status
SB 14 and SB 15 have public hearings coming up!
- SB 15 will have a public hearing before the Senate Judiciary Committee on Tuesday, January 14 at 1:15 pm in the State House Room 100.
- SB 14 will have a public hearing before the Senate Judiciary Committee on Tuesday, January 14 at 1:30 pm in the State House Room 100.
Show your opposition to these mandatory minimum sentencing bills by signing in remotely, testifying in person at the hearing, and emailing committee members (go to the GenCourt website and click "Email Entire Committee").
References:
- The Pew Charitable Trusts (2018, March). More Imprisonment Does Not Reduce State Drug Problems. https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/more-imprisonment-does-not-reduce-state-drug-problems
- Butcher, F., Cissner, A. B., Rempel, M. (2022, December). When incarceration is automatic: mandatory minimums and race. Center for Justice Innovation. https://www.innovatingjustice.org/publications/minimums-race
Innovation. https://www.innovatingjustice.org/publications/minimums-race - Wang, L. (2022, August 11). Both sides of the bars: How mass incarceration punishes families. Prison Policy Initiative. https://www.prisonpolicy.org/blog/2022/08/11/parental_incarceration
- Sentencing Reform. American Civil Liberties Union. https://www.aclu.org/issues/smart-justice/sentencing-reform. Accessed January 9, 2025.
- Office of National Drug Control Policy. (2012). Cost benefits of investing early in substance abuse treatment. https://obamawhitehouse.archives.gov/sites/default/files/ondcp/Fact_Sheets/investing_in_treatment_5-23-12.pdf
