HOUSE BILL ANALYSIS

ESB 6139

Title:An act relating to amphetamine.

Brief Description:Increasing penalties for manufacture and delivery of amphetamine.

Sponsors:Senate Committee on Law & Justice (originally sponsored by Senators Oke, Swecker, T. Sheldon, Goings, Rasmussen, and Benton).

House Committee on Criminal Justice and Corrections

Hearing Date:February 27, 1998.

Prepared By:Mark G. Hamilton, Counsel (786-7310).

Background:Amphetamine is a Schedule II drug.  A person convicted of manufacturing, delivering, or possessing with the intent to manufacture or deliver amphetamine is guilty of a class C felony ranked at seriousness level IV on the sentencing grid, punishable by 3 to 9 months imprisonment for the first offense.  A maximum five-year imprisonment and $10,000 fine is authorized.

Summary:A person convicted of manufacturing, delivering, or possessing with the intent to manufacture or deliver amphetamine is guilty of a B felony ranked at seriousness level VIII on the sentencing grid, punishable by 21 to 27 months imprisonment for the first offense.  The maximum imprisonment is ten years.  The offender is also subject to a fine of no more than $25,000 for an amount less than two kilograms.  For amounts over two kilograms, the fine can be no more than $100,000 for the first two kilograms nor more than $50 for each gram over two kilograms.  The first $3,000 of the fines cannot be suspended and are sent to the law enforcement agency responsible for the site cleanup.

Rules Authority:No.

Fiscal Note:Available.

Effective Date:Ninety days after adjournment of session in which bill is passed.