Existing law classifies controlled substances into 5 schedule 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.
This bill would increase penalties for an individual who is convicted of one of the above-described offenses that occurred within 10 years of a conviction of possession for sale or transportation for sale related to fentanyl or its analogs, as defined. The bill would also require an individual who is convicted of possession for sale or transportation for sale related to fentanyl and who is granted probation to serve a minimum of 90 days in county jail. The bill would impose a minimum county jail term of 180 days for an individual who is convicted of possession for sale or transportation for sale that occurred within 10 years of a specified conviction related to fentanyl, and impose a minimum county jail term of one year for an individual that has two specified convictions related to fentanyl. The bill would additionally require, as a condition of probation, that an individual pay a specified fine, complete a fentanyl awareness program, and submit to search and seizure by an officer, as specified. By increasing the term of confinement in county jail, this bill would create 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.

Statutes affected:
AB3071: 11351 HSC, 11351 HSC, 11352 HSC, 11352 HSC
03/21/24 - Amended Assembly: 11351 HSC, 11351 HSC, 11352 HSC, 11352 HSC