1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1100 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to fentanyl trafficking; amending 63
7 O.S. 2021, Section 2-415, which relates to fines and
8 penalties; increasing certain penalties; removing
8 certain probation eligibility; and providing an
9 effective date.
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10
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-415, is
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13 amended to read as follows:
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14 Section 2-415. A. The provisions of the Trafficking in Illegal
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15 Drugs Act shall apply to persons convicted of violations with
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16 respect to the following substances:
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17 1. Marijuana;
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18 2. Cocaine or coca leaves;
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19 3. Heroin;
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20 4. Amphetamine or methamphetamine;
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21 5. Lysergic acid diethylamide (LSD);
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22 6. Phencyclidine (PCP);
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23 7. Cocaine base, commonly known as “crack” or “rock”;
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24
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 1 8. 3,4-Methylenedioxy methamphetamine, commonly known as
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2 “ecstasy” or MDMA;
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3 9. Morphine;
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4 10. Oxycodone;
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5 11. Hydrocodone;
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6 12. Benzodiazepine; or
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7 13. Fentanyl and its analogs and derivatives.
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8 B. Except as otherwise authorized by the Uniform Controlled
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9 Dangerous Substances Act, it shall be unlawful for any person to:
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10 1. Knowingly distribute, manufacture, bring into this state or
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11 possess a controlled substance specified in subsection A of this
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12 section in the quantities specified in subsection C of this section;
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13 2. Possess any controlled substance with the intent to
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14 manufacture a controlled substance specified in subsection A of this
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15 section in quantities specified in subsection C of this section; or
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16 3. Use or solicit the use of services of a person less than
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17 eighteen (18) years of age to distribute or manufacture a controlled
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18 dangerous substance specified in subsection A of this section in
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19 quantities specified in subsection C of this section.
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20 Violation of this section shall be known as “trafficking in
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21 illegal drugs”. Separate types of controlled substances described
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22 in subsection A of this section when possessed at the same time in
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23 violation of any provision of this section shall constitute a
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24 separate offense for each substance.
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 1 Any person who commits the conduct described in paragraph 1, 2
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2 or 3 of this subsection and represents the quantity of the
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3 controlled substance to be an amount described in subsection C of
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4 this section shall be punished under the provisions appropriate for
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5 the amount of controlled substance represented, regardless of the
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6 actual amount.
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7 C. In the case of a violation of the provisions of subsection B
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8 of this section, involving:
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9 1. Marijuana:
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10 a. twenty-five (25) pounds or more of a mixture or
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11 substance containing a detectable amount of marijuana
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12 shall be punishable by a fine of not less than Twenty-
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13 five Thousand Dollars ($25,000.00) and not more than
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14 One Hundred Thousand Dollars ($100,000.00), or
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15 b. one thousand (1,000) pounds or more of a mixture or
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16 substance containing a detectable amount of marijuana
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17 shall be deemed aggravated trafficking punishable by a
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18 fine of not less than One Hundred Thousand Dollars
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19 ($100,000.00) and not more than Five Hundred Thousand
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20 Dollars ($500,000.00);
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21 2. Cocaine, coca leaves or cocaine base:
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22 a. twenty-eight (28) grams or more of a mixture or
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23 substance containing a detectable amount of cocaine,
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24 coca leaves or cocaine base shall be punishable by a
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 1 fine of not less than Twenty-five Thousand Dollars
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2 ($25,000.00) and not more than One Hundred Thousand
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3 Dollars ($100,000.00),
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4 b. three hundred (300) grams or more of a mixture or
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5 substance containing a detectable amount of cocaine,
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6 coca leaves or cocaine base shall be punishable by a
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7 fine of not less than One Hundred Thousand Dollars
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8 ($100,000.00) and not more than Five Hundred Thousand
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9 Dollars ($500,000.00), or
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10 c. four hundred fifty (450) grams or more of a mixture or
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11 substance containing a detectable amount of cocaine,
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12 coca leaves or cocaine base shall be deemed aggravated
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13 trafficking punishable by a fine of not less than One
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14 Hundred Thousand Dollars ($100,000.00) and not more
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15 than Five Hundred Thousand Dollars ($500,000.00);
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16 3. Heroin:
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17 a. ten (10) grams or more of a mixture or substance
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18 containing a detectable amount of heroin shall be
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19 punishable by a fine of not less than Twenty-five
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20 Thousand Dollars ($25,000.00) and not more than Fifty
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21 Thousand Dollars ($50,000.00), or
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22 b. twenty-eight (28) grams or more of a mixture or
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23 substance containing a detectable amount of heroin
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24 shall be deemed aggravated trafficking punishable by a
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 1 fine of not less than Fifty Thousand Dollars
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2 ($50,000.00) and not more than Five Hundred Thousand
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3 Dollars ($500,000.00);
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4 4. Amphetamine or methamphetamine:
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5 a. twenty (20) grams or more of a mixture or substance
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6 containing a detectable amount of amphetamine or
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7 methamphetamine shall be punishable by a fine of not
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8 less than Twenty-five Thousand Dollars ($25,000.00)
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9 and not more than Two Hundred Thousand Dollars
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10 ($200,000.00),
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11 b. two hundred (200) grams or more of a mixture or
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12 substance containing a detectable amount of
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13 amphetamine or methamphetamine shall be punishable by
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14 a fine of not less than Fifty Thousand Dollars
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15 ($50,000.00) and not more than Five Hundred Thousand
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16 Dollars ($500,000.00), or
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17 c. four hundred fifty (450) grams or more of a mixture or
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18 substance containing a detectable amount of
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19 amphetamine or methamphetamine shall be deemed
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20 aggravated trafficking punishable by a fine of not
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21 less than Fifty Thousand Dollars ($50,000.00) and not
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22 more than Five Hundred Thousand Dollars ($500,000.00);
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23 5. Lysergic acid diethylamide (LSD):
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 1 a. one (1) gram or more of a mixture or substance
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2 containing a detectable amount of lysergic acid
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3 diethylamide (LSD) shall be trafficking punishable by
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4 a term of imprisonment in the custody of the
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5 Department of Corrections not to exceed twenty (20)
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6 years and by a fine of not less than Fifty Thousand
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7 Dollars ($50,000.00) and not more than One Hundred
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8 Thousand Dollars ($100,000.00), or
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9 b. ten (10) grams or more of a mixture or substance
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10 containing a detectable amount of lysergic acid
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11 diethylamide (LSD) shall be aggravated trafficking
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12 punishable by a term of imprisonment in the custody of
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13 the Department of Corrections of not less than two (2)
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14 years nor more than life and by a fine of not less
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15 than One Hundred Thousand Dollars ($100,000.00) and
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16 not more than Two Hundred Fifty Thousand Dollars
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17 ($250,000.00);
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18 6. Phencyclidine (PCP):
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19 a. twenty (20) grams or more of a substance containing a
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20 mixture or substance containing a detectable amount of
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21 phencyclidine (PCP) shall be trafficking punishable by
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22 a term of imprisonment in the custody of the
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23 Department of Corrections not to exceed twenty (20)
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24 years and by a fine of not less than Twenty Thousand
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 1 Dollars ($20,000.00) and not more than Fifty Thousand
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2 Dollars ($50,000.00), or
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3 b. one hundred fifty (150) grams or more of a substance
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4 containing a mixture or substance containing a
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5 detectable amount of phencyclidine (PCP) shall be
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6 aggravated trafficking punishable by a term of
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7 imprisonment in the custody of the Department of
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8 Corrections of not less than two (2) years nor more
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9 than life and by a fine of not less than Fifty
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10 Thousand Dollars ($50,000.00) and not more than Two
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11 Hundred Fifty Thousand Dollars ($250,000.00);
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12 7. Methylenedioxy methamphetamine:
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13 a. thirty (30) tablets or ten (10) grams of a mixture or
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14 substance containing a detectable amount of 3,4-
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15 Methylenedioxy methamphetamine shall be trafficking
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16 punishable by a term of imprisonment in the custody of
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17 the Department of Corrections not to exceed twenty
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18 (20) years and by a fine of not less than Twenty-five
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19 Thousand Dollars ($25,000.00) and not more than One
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20 Hundred Thousand Dollars ($100,000.00), or
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21 b. one hundred (100) tablets or thirty (30) grams of a
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22 mixture or substance containing a detectable amount of
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23 3,4-Methylenedioxy methamphetamine shall be deemed
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24 aggravated trafficking punishable by a term of
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 1 imprisonment in the custody of the Department of
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2 Corrections of not less than two (2) years nor more
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3 than life by a fine of not less than One Hundred
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4 Thousand Dollars ($100,000.00) and not more than Five
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5 Hundred Thousand Dollars ($500,000.00);
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6 8. Morphine: One thousand (1,000) grams or more of a mixture
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7 containing a detectable amount of morphine shall be trafficking
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8 punishable by a term of imprisonment in the custody of the
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9 Department of Corrections not to exceed twenty (20) years and by a
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10 fine of not less than One Hundred Thousand Dollars ($100,000.00) and
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11 not more than Five Hundred Thousand Dollars ($500,000.00);
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12 9. Oxycodone: Four hundred (400) grams or more of a mixture
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13 containing a detectable amount of oxycodone shall be trafficking
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14 punishable by a term of imprisonment in the custody of the
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15 Department of Corrections not to exceed twenty (20) years and by a
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16 fine of not less than One Hundred Thousand Dollars ($100,000.00) and
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17 not more than Five Hundred Thousand Dollars ($500,000.00);
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18 10. Hydrocodone: Three thousand seven hundred fifty (3,750)
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19 grams or more of a mixture containing a detectable amount of
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20 hydrocodone shall be trafficking punishable by a term of
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21 imprisonment in the custody of the Department of Corrections not to
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22 exceed twenty (20) years and by a fine of not less than One Hundred
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23 Thousand Dollars ($100,000.00) and not more than Five Hundred
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24 Thousand Dollars ($500,000.00);
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 1 11. Benzodiazepine: Five hundred (500) grams or more of a
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2 mixture containing a detectable amount of benzodiazepine shall be
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3 trafficking punishable by a term of imprisonment not to exceed
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4 twenty (20) years and by a fine of not less than One Hundred
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5 Thousand Dollars ($100,000.00) and not more than Five Hundred
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6 Thousand Dollars ($500,000.00); and
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7 12. Fentanyl and its analogs and derivatives:
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8 a. one (1) gram or more of a mixture containing fentanyl
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9 or carfentanil, or any fentanyl analogs or derivatives
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10 shall be trafficking punishable by a term of
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11 imprisonment in the custody of the Department of
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12 Corrections for not less than five (5) years and not
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13 to exceed twenty (20) years thirty (30) years and by a
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14 fine of not less than One Hundred Thousand Dollars
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15 ($100,000.00) One Hundred Fifty Thousand Dollars
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16 ($150,000.00) and not more than Two Hundred Fifty
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17 Thousand Dollars ($250,000.00) Three Hundred Thousand
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18 Dollars ($300,000.00), or
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19 b. five (5) grams or more of a mixture containing
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20 fentanyl or carfentanil, or any fentanyl analogs or
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21 derivatives shall be aggravated trafficking punishable
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22 by a term of imprisonment in the custody of the
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23 Department of Corrections of not less than two (2)
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24 years five (5) years nor more than life and by a fine
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 1 of not less than Two Hundred Fifty Thousand Dollars
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2 ($250,000.00) Three Hundred Thousand Dollars
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3 ($300,000.00) and not more than Five Hundred Thousand
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4 Dollars ($500,000.00) Six Hundred Thousand Dollars
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5 ($600,000.00), or
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6 c. any person convicted of a violation of subparagraph a
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7 or b of this paragraph shall not be eligible for
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8 probation.
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9 D. Any person who violates the provisions of this section with
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10 respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
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11 amphetamine or methamphetamine in a quantity specified in paragraphs
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12 1, 2, 3 and 4 of subsection C of this section shall, in addition to
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13 any fines specified by this section, be punishable by a term of
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14 imprisonment as follows:
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15 1. For trafficking, a first violation of this section, a term
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16 of imprisonment in the custody of the Department of Corrections not
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17 to exceed twenty (20) years;
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18 2. For trafficking, a second violation of this section, a term
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19 of imprisonment in the Department of Corrections of not less than
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20 four (4) years nor more than life, for which the person shall serve
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21 fifty percent (50%) of the sentence before being eligible for parole
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22 consideration;
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23 3. For trafficking, a third or subsequent violation of this
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24 section, a term of imprisonment in the custody of the Department of
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 1 Corrections of not less than twenty (20) years nor more than life,
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2 of which the person shall serve fifty percent (50%) of the sentence
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3 before being eligible for parole consideration.
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4 Persons convicted of trafficking shall not be eligible for
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5 ea