The bill proposes amendments to the "Uniform Controlled Substances Act," specifically updating the penalties related to the manufacture, delivery, or possession with intent to manufacture or deliver controlled substances. The penalties are tiered based on the schedule of the controlled substance, with the most severe penalties for schedule I or II substances, excluding marijuana. For instance, violations involving schedule I or II substances may lead to up to 30 years in prison or a fine of up to $100,000, or both. The bill also revises the penalties for possession of counterfeit substances and outlines misdemeanor and felony charges for possession of controlled substances, with certain exceptions for buprenorphine and marijuana. Notably, the bill removes the previous civil penalty of $150 and forfeiture of marijuana for the first or second violation within 18 months.
Additionally, the bill modifies the treatment of marijuana possession offenses for individuals aged 17 to 20. Possession of two ounces or less of marijuana or cannabis concentrate would be a civil offense, subject to a $150 fine and forfeiture of the substance. However, the penalty can be reduced if the offender completes a drug-awareness program and community service within a year; otherwise, the fine increases to $300. The bill mandates parental notification for such offenses and provides details on the jurisdiction and penalties for other marijuana-related offenses, including distribution and possession with intent to distribute. The bill is set to take effect upon passage.
Statutes affected: 908: 21-28-4.01