COMMITTEE OF ORIGIN: Standing Committee on Crime and Public Safety
Currently, the offense of delivery of a controlled substance causing death contains the element that the person who commits the offense knows that the controlled substance is mixed with another controlled substance. This bill removes that element.
This bill amends the offenses of drug trafficking in the first degree and drug trafficking in the second degree.
Currently, trafficking drugs in the first degree is a class B felony if the person knowingly distributes, delivers, manufactures, or produces, or attempts to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or carfentanil. It is a class A felony if the amount is 20 milligrams or more.
Trafficking drugs in the second degree is a class C felony if the person knowingly possesses or has under his or her control, purchases or attempts to purchase, or brings into this State more than 10 milligrams of fentanyl or carfentanil, and is a class B felony if the amount is 20 milligrams or more.
This bill amends the quantities of fentanyl for the offense of trafficking of drugs, in the first and second degree, as follows:
(1) Drug trafficking in the first degree is a class B felony for more than three but less than 14 milligrams of fentanyl;
(2) Drug trafficking in the first degree is a class A felony for at least 14 milligrams of fentanyl;
(3) Drug trafficking in the second degree is a class C felony for more than three but less than 14 milligrams of fentanyl;
(4) Drug trafficking in the second degree is a class B felony for at least 14 milligrams of fentanyl.
Under the offense of trafficking drugs in the first degree, trafficking any amount of carfentanil up to .05 milligrams is a class B felony, and trafficking more than .05 milligrams is a class A felony. Under the offense of trafficking drugs in the second degree, trafficking any amount of carfentanil up to .05 milligrams is a class C felony, and trafficking more than .05 milligrams is a class B felony.
Statutes affected: