| 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 this
provision.
Effective July 1, 2024, the bill makes the possession of any
material, compound, mixture, or preparation that contains any quantity of
fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, a level
4 drug felony.
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