HF 567 – Imitation Controlled Substances
FLOOR ACTION:
HF 567 is a comprehensive effort to stem the sales of synthetic drugs and ensure that those who sell them can be criminally charged. The bill:
- Deletes Chapter 124A, the Imitation Controlled Substances Act, and moves it into Chapter 124, The Controlled Substances Act. This will enhance the penalties for those charged with distributing imitation controlled substances by making the penalties the same as distribution of other controlled substances. Currently, distribution of imitation controlled substances is an aggravated misdemeanor. If the offender is over 18 and delivers to a person under 18 who is at least 3 years younger, it’s a D felony. This legislation will make distribution of imitation controlled substances (synthetic drugs) B or C felonies.
- Adds additional substances to the list of controlled substances. These are substances that the Board of Pharmacy added to the list per federal guidelines, as well as other new substances that the Department of Criminal Investigation lab has encountered in recent years.
- Provides that if the Board of Pharmacy temporarily (i.e., on an emergency basis) lists substances as controlled substances, they will remain on the list for two years. This will give the Legislature time to statutorily list those substances as controlled substances.
An amendment adopted by the Senate also:
- Moves marijuana from Schedule I to Schedule II.
- Brings the penalties for crack and powder cocaine in line with each other. This is a Public Safety Advisory Board recommendation. It does not reduce penalties but raises the amounts of crack cocaine required to qualify as a B or super B felony.
- Makes possession of 5 grams or less of marijuana a simple misdemeanor rather than a serious misdemeanor.
- Provides that the court may waive the mandatory minimum sentence relating to a drug conviction if the defendant is assessed as low or low-moderate risk to reoffend. This also is a recommendation of the Public Safety Advisory Board. [5/5: 27-23 (party-line, except Zahn voting “yes”)]