| Summary |
The bill makes it a level 1 drug felony if a person manufactures,
dispenses, sells, or distributes, or possesses with intent to do the same,
(manufactures or distributes) any material, compound, mixture, or
preparation that contains fentanyl, carfentanil, benzimidazole opiate, or
an analog thereof (qualifying controlled substance). Because manufacture
or distribution of any amount of a qualifying controlled substance is a
level 1 drug felony under the bill, the bill repeals penalty level provisions
involving manufacture or distribution of a qualifying controlled substance
that are weight- or circumstance-dependent, and related immunity and
sentencing requirements.
Effective July 1, 2025, the bill makes the possession of a
qualifying controlled substance a level 4 drug felony. The bill repeals the
following provisions of law related to the penalties for possessing a
qualifying controlled substance:
•
A provision that reduces the penalty if the fact finder in the
case finds that the possessor made a reasonable mistake of
fact and did not know that the material, compound,
mixture, or preparation contained fentanyl, carfentanil,
benzimidazole opiate, or an analog thereof; and
•
A provision that requires a court to vacate the drug felony
conviction and enter a conviction for a level 1 drug
misdemeanor upon the defendant's successful completion
of a community-based sentence to probation or to a
community corrections program.
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