Nixon Lives –
Jan. 26, 2020 – That means a person dealing in one of these analogues — even one that is harmless — could be subject to mandatory-minimum penalties with no opportunity to prove the analogue is benign. For any offense involving 10 grams of a substance that contains a detectable amount of a SOFA substance, the Justice Department could seek a five-year mandatory minimum. (In contrast, 100 grams or more of heroin is required to trigger the same mandatory minimum.) Judges will have no choice but to impose mandatory minimums, even though street-level dealers — many of whom are users themselves — have no idea that the drugs they are selling contain fentanyl.