Serious felonies: furnishing fentanyl to a minor.

Senator Seyarto's proposal to classify the furnishing of fentanyl to minors as a serious felony under California law would modify the state's three strikes framework and restrict plea bargaining options for these offenses. The measure amends multiple sections of the Penal Code to add fentanyl distribution to minors to the list of serious felonies, alongside existing provisions covering substances like heroin, cocaine, and methamphetamine.

The legislation establishes new prosecutorial requirements for cases involving fentanyl distribution to minors. District attorneys must document their reasoning when not pursuing enhanced sentences under the serious felony provisions. The amendments also limit plea bargaining for these cases unless there is insufficient evidence or witness testimony is unavailable.

These changes would take effect January 1, 2026, with certain provisions related to human trafficking cases referencing statutes as of January 1, 2024. While the measure creates a state-mandated local program through its expanded definition of serious felonies, it specifies that no state reimbursement to local agencies is required for implementation costs.