| Summary |
Under current law, the knowing possession of any material,
compound, mixture, or preparation that weighs more than one gram and
not more than 4 grams and contains any quantity of fentanyl, carfentanil,
benzimidazole opiate, or an analog thereof, is a level 4 drug felony;
except that, if a defendant shows supporting evidence to establish that the
defendant made a reasonable mistake of fact and did not know that the
controlled substance contained fentanyl, carfentanil, benzimidazole
opiate, or an analog thereof, the matter must be submitted to the finder of
fact in the form of interrogatory included in the verdict form. If the finder
of fact determines the defendant made a reasonable mistake of fact, the
defendant commits a level 1 drug misdemeanor. The bill eliminates this
provision. Under current law, the knowing possession of any material,
compound, mixture, or preparation that weighs not more than one gram
and contains any quantity of fentanyl, carfentanil, benzimidazole opiate,
or an analog thereof, is a level 1 drug misdemeanor; except that a fourth
or subsequent offense is a level 4 drug felony. The bill eliminates the
requirement that the possession must be knowing.
The bill creates the opioid antagonist fund in the department of
education to bulk purchase and distribute opioid antagonists to eligible
schools. For the 2023-24 state fiscal year, the general assembly
appropriates $2 million to the fund from the general fund.
The bill extends civil and criminal immunity to the department of
education, or a person acting on behalf of the department, for acting in
good faith to furnish an opioid antagonist to an eligible school.
The bill requires every agency that employs a peace officer to
submit an annual report to the department of public health and
environment (department) concerning every incident in which a peace
officer administered an opioid antagonist to an individual. Using that
information the department creates a consolidated report and provides it
to the house of representatives judiciary and public and behavioral health
and human services committees and the senate judiciary and health and
human services committees.
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