Bill Text: CA AB3171 | 2023-2024 | Regular Session | Amended
Bill Title: Controlled substances: fentanyl.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB3171 Detail]
Download: California-2023-AB3171-Amended.html
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Amended
IN
Assembly
April 23, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3171
| Introduced by Assembly (Coauthors: Assembly Members Lackey and McCarty) |
February 16, 2024 |
An act to amend Sections 11351 and 11352 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 3171, as amended, Soria.
Controlled substances: fentanyl.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation to a noncontiguous county within the state punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.
This bill would increase the above-described penalties, as specified, if the controlled substance involved was more than more than 28.35 grams of fentanyl, more than
28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl. fentanyl and the individual knew that the specific controlled substance was fentanyl. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11351 of the Health and Safety Code is amended to read:11351.
(a) Except as provided in subdivision (b) and as otherwise provided in this division, a person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(b) (1) Notwithstanding subdivision (a), a person who possesses for sale or purchases for purposes of sale more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for four, five, or six years.
(2) For the purpose of this subdivision, the person must have knowledge that the specific controlled substance possessed is fentanyl.
SEC. 2.
Section 11352 of the Health and Safety Code is amended to read:11352.
(a) Except as provided in subdivision (c) and as otherwise provided in this division, a person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.(b) Notwithstanding the penalty provisions of subdivision (a) and except as provided in paragraph (2) of subdivision (c), a person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) (1) Notwithstanding subdivision (a), a person who transports, imports into this state, sells, furnishes, administers, or gives away, or
offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for seven, eight, or nine years.
(2) Notwithstanding subdivision (b), a person who transports more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl within this state from one county to another noncontiguous county shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 7, 10, or 13 years.
(3) For the purpose of this subdivision, the person must have knowledge that the specific controlled substance possessed is fentanyl.
(d) For purposes of this section, “transports” means to transport for sale.
(e) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.
