Under existing law, unlawful distribution of a controlled substance is a nonviolent offense and is subject to the presumptive sentencing guidelines. Under existing law, unlawful distribution of a controlled substance includes selling, furnishing, giving away, delivering, or otherwise distributing a controlled substance in an unauthorized manner. This bill would differentiate between: (i) the unlawful selling of a controlled substance (ii) the unlawful furnishing, giving away, or delivering of a controlled substance. This bill would establish that the unlawful sale of a controlled substance is a violent offense and therefore not subject to the presumptive sentencing guidelines. Under existing law, unlawful distribution of a controlled substance includes the distribution of any controlled substance enumerated in Schedules I through V. This bill would exclude marijuana from the unlawful distribution of a controlled substance statute. This bill would create the crime of unlawful distribution of marijuana and would provide for penalties for a violation. Under existing law, if a person is convicted of unlawful distribution of a controlled substance that occurred on or near a school campus or within a three-mile radius of a public housing project, the sentencing judge shall impose an additional penalty of five years to be run consecutive with the sentence for the underlying conviction. This bill would provide that a judge may impose an additional five-year penalty if the distribution of the controlled substance occurred on or near a school campus or within a three-mile radius of a public housing project. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Statutes affected:
Introduced: 13A-12-250, 13A-12-270