SALT LAKE CITY — The Utah House on Feb. 6 passed a first substitute to House Bill 87, a measure that increases penalties for trafficking fentanyl and establishes a higher presumption of incarceration for large quantities.

Representative Gwyn, sponsor of the bill, described rising overdose deaths and the lethality of fentanyl as the rationale. “If you’re coming into Utah and you have more than a hundred grams of fentanyl ... you’re gonna be convicted of a first degree felony and the presumption is going to be prison,” Gwyn said on the House floor.

Gwyn cited state and federal data in floor remarks: more than 600 families affected by opioid overdose deaths in 2023, an increase expected for 2024, and a large number of seized fentanyl tablets. He said fentanyl is being used to lace other drugs and that the state is often the end destination for traffickers because of local demand.

The bill sets a threshold—100 grams—to distinguish trafficking quantities and directs that trafficking fentanyl at that level be treated more severely than other controlled substances. The sponsor said the measure is intended to reduce supply while acknowledging the need for treatment and demand-side responses from nonprofits and health providers.

Floor procedure: summation was waived and the House passed the first substitute. The House clerk announced the bill passed and will be sent to the Senate for consideration.

Next steps: the bill will proceed to Senate committees for consideration.