Senate Bill 79 and its impact on Fentanyl related crimes in Georgia

Senate Bill 79 (SB 79), the Fentanyl Eradication and Removal Act, is a new Georgia law that

takes effect July 1, 2025. It creates a separate, tougher set of rules specifically for fentanyl-

related offenses—reflecting the drug’s extreme potency and danger. Fentanyl is now treated

differently than other opioids under Georgia law.

Key Changes Under SB 79

1. Lower Thresholds for Trafficking Charges

Even small amounts of fentanyl now qualify as “trafficking.” Previously, only large quantities

triggered those charges. Under SB 79, possessing just 4 grams or more can result in felony

trafficking allegations.

2. Mandatory Minimum Sentences and Fines

Penalties vary based on the amount:

● 4–8 grams: Minimum 10 years in prison, fine of $75,000

● 8–14 grams: Minimum 15 years, fine of $150,000

● 14–28 grams: Minimum 25 years, fine of $250,000

● 28+ grams: Minimum 35 years, fine of $750,000

3. Less Judicial Flexibility

Judges now have reduced ability to sentence below mandatory minimums. Exceptions are

limited and only apply if the defendant meets strict criteria—such as having no prior felony

convictions, not being a leader in the offense, and no weapon use.

4. Fentanyl Separate from Other Narcotics

SB 79 removes fentanyl from general opioid trafficking statutes, placing it in its own category.

This move acknowledges fentanyl’s significantly higher lethality—approximately 50 times

stronger than heroin.

Why This Matters: Real-World Implications

● Tiny amounts carry serious risk, both to your help and to potential criminal charges. Even a sugar-packet-sized amount of fentanyl can trigger felony charges and minimum decades behind bars.

● Accidental exposure isn’t safe: Being near fentanyl—even unknowingly—could lead

to trafficking charges under new weight-based laws.

● Protections from oversight are limited: With less flexibility in sentencing,

individuals lose opportunities for reduced penalties—even for first-time or nonviolent

offenses.

Why SB 79 Was Enacted

SB 79 builds on earlier legislation like “Austin’s Law,” which added involuntary manslaughter

charges for drug sales causing overdose deaths. The new law is part of a broader effort to curb the fentanyl crisis, which has seen overdose deaths rise dramatically in recent years. The Abt Law Firm, LLC Lawmakers and advocacy groups, including the Georgia Council for Recovery, supported SB 79 as both a criminal justice and public health response—urging both accountability and robust recovery support.

What It Means for You

SB 79 raises the stakes for anyone facing fentanyl-related charges. What once might have been a

lesser offense can now mean severe, mandatory sentencing. The law shifts the legal landscape

and underlines the urgent need for experienced criminal defense. Protecting your rights and

future depends on knowledgeable legal representation that can navigate these new, stringent

guidelines.

Sara Stewart is experienced in handling drug offense cases in the state of Georgia and has over

20 years of experience implementing new drug laws into her practice. If you or a loved one have

been accused of a fentanyl related crime, call Sara Stewart today to discuss your options.