House of Representatives
Office of Program Research
Public Safety Committee
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.
Brief Description: Reducing the penalty for possession of controlled substances.
Sponsors: Representative Appleton.
Hearing Date: 1/14/14
Staff: Sarah Koster (786-7303).
Under current law, controlled substances are defined as a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or state board of pharmacy rules. The schedule a substance is placed in depends on its potential for abuse, whether there is a currently accepted medical use in treatment, and the safety substances and risk for dependence, as determined by the Pharmacy Quality Assurance Commission. Substances in Schedule I are the most tightly controlled, while those in Schedule V are the least tightly controlled.
Possession of a controlled substance is a class C felony. Class C felonies are punishable by five years in a state correctional institution, a fine of $10,000, or both confinement and a fine.
Summary of Bill:
Possession of a controlled substance is a misdemeanor.
A misdemeanor is punishable by up to 90 days in jail, a fine of $1,000, or both. In addition, a misdemeanor violation of the Uniform Controlled Substances Act is subject to mandatory minimum penalties of imprisonment of not less than 24 consecutive hours and by a fine of not less than $250.
Possession with intent to manufacture or deliver a controlled substance and possession of a counterfeit substance are unchanged: a class B or C felony, depending on the substance.
Fiscal Note: Requested on January 8, 2014.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.