Understanding Georgia’s New Fentanyl Bill

The State of Georgia recently implemented a new law known as The Fentanyl Eradication and Removal Act (The FEAR Act). This new law, which went into effect on July 1, 2025, raises the penalties for fentanyl trafficking and is designed to combat the availability and devastation caused by the illegal drug.

The new law builds on “Austin’s Law”, which was passed in the previous legislative session. Austin’s Law created the rule relating to aggravated involuntary manslaughter for individuals who sell drugs that are laced with fentanyl when it results in an overdose death.

The FEAR Act applies to any individual involved in the manufacturing, delivering, possessing, or selling of four or more grams of fentanyl.

The new law creates a distinct category of fentanyl-related charges. Its aim is to curb the use and distribution of the drug fentanyl in the State of Georgia.

There are now stricter penalties for fentanyl trafficking 

The new law creates a special trafficking category for fentanyl and related substances. It raises the mandatory minimum sentences based on the quantity of fentanyl involved. The penalties for fentanyl trafficking are now:

• Four grams or more, but less than 8 grams – Mandatory minimum sentence of 10 years and a fine of $75,000.

• Eight grams or more, but less than 28 grams – Mandatory minimum term of 15 years and a fine of $250,000.

• 28 grams or more – Mandatory minimum sentence of 35 years and a fine of $750,000.

It’s worth noting here that these are mandatory minimum sentences. In other words, the court is forced to sentence you to at least 10 years behind bars for possession of four or more grams of fentanyl. In addition, fines associated with fentanyl trafficking are also substantially increased.

Judicial discretion in fentanyl prosecutions 

The law allows judges to diverge from the standard mandatory minimums in some cases, allowing for potential sentence reductions, such as when the defendant was not a leader of a gang, did not use weapons, or had no prior felony convictions.

Judges may also depart from mandatory minimum sentences if the defendant provided “substantial assistance” in the identification, arrest, or conviction of accomplices. The departure can lead to a reduced or suspended sentence. These provisions encourage those caught with drugs on them to turn in their leaders and co-conspirators.

The new legislation will target analogs 

In addition to targeting fentanyl proper, the new legislation will also target analogs of fentanyl. Analogs are now included in the scope of legislation and treated identically to actual fentanyl.

Analogs are substances with similar chemical structures to fentanyl and cause the same effects. Analogs are designed to bypass existing laws regarding specific drugs. Fentanyl and its analogs are now classified as Schedule I controlled substances under Georgia law. The classification means that these substances have a higher potential for abuse, no currently accepted medical use, and are subject to strict regulatory controls or penalties.

The rule will close a loophole in the law that allowed manufacturers to create modified versions of fentanyl to avoid prosecution under state and federal law. The FEAR Act closes the loophole by explicitly categorizing these analogs as Schedule I substances. This provides law enforcement with the means to prosecute individuals involved in the production, distribution, and possession of fentanyl-related analogs.

Talk to a Smyrna, Georgia, Drug Crime Lawyer Today 

Andrew L. Schwartz, P.C., represents the interests of those who have been caught producing, distributing, or possessing fentanyl. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin discussing your next steps right away.