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H0762......................................................by STATE AFFAIRS UNIFORM CONTROLLED SUBSTANCES - Amends existing law relating to uniform controlled substances to revise penalties applicable to the manufacture, possession and other prohibited actions relating to specified amounts of pseudoephedrine. 03/02 House intro - 1st rdg - to printing 03/03 Rpt prt - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Barrett, Crow, Deal, Schaefer, Shepherd(8), Wood Floor Sponsor - Ring Title apvd - to Senate 03/13 Senate intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw Floor Sponsor - Bunderson Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/30 Governor signed Session Law Chapter 245 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 762 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2732B, IDAHO 3 CODE, TO REVISE PENALTIES APPLICABLE TO THE MANUFACTURE, POSSESSION AND 4 OTHER PROHIBITED ACTIONS RELATED TO SPECIFIED AMOUNTS OF PSEUDOEPHEDRINE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 37-2732B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 37-2732B. TRAFFICKING -- MANDATORY SENTENCES. (a) Except as authorized in 9 this chapter, and notwithstanding the provisions of section 37-2732, Idaho 10 Code: 11 (1) Any person who knowingly manufactures, delivers, or brings into this 12 state, or who is knowingly in actual or constructive possession of, one 13 (1) pound of marijuana or more, or twenty-five (25) marijuana plants or 14 more, as defined in section 37-2701, Idaho Code, is guilty of a felony, 15 which felony shall be known as "trafficking in marijuana." If the quantity 16 of marijuana involved: 17 (A) Is one (1) pound or more, but less than five (5) pounds, or con- 18 sists of twenty-five (25) marijuana plants or more but fewer than 19 fifty (50) marijuana plants, regardless of the size or weight of the 20 plants, such person shall be sentenced to a mandatory minimum fixed 21 term of imprisonment of one (1) year and fined not less than five 22 thousand dollars ($5,000); 23 (B) Is five (5) pounds or more, but less than twenty-five (25) 24 pounds, or consists of fifty (50) marijuana plants or more but fewer 25 than one hundred (100) marijuana plants, regardless of the size or 26 weight of the plants, such person shall be sentenced to a mandatory 27 minimum fixed term of imprisonment of three (3) years and fined not 28 less than ten thousand dollars ($10,000); 29 (C) Is twenty-five (25) pounds or more, or consists of one hundred 30 (100) marijuana plants or more, regardless of the size or weight of 31 the plants, such person shall be sentenced to a mandatory minimum 32 fixed term of imprisonment of five (5) years and fined not less than 33 fifteen thousand dollars ($15,000). 34 (D) The maximum number of years of imprisonment for trafficking in 35 marijuana shall be fifteen (15) years, and the maximum fine shall be 36 fifty thousand dollars ($50,000). 37 (E) For the purposes of this section, the weight of the marijuana is 38 its weight when seized or as determined as soon as practicable after 39 seizure, unless the provisions of subsection (c) of this section 40 apply. 41 (2) Any person who knowingly manufactures, delivers, or brings into this 42 state, or who is knowingly in actual or constructive possession of, 43 twenty-eight (28) grams or more of cocaine or of any mixture or substance 2 1 containing a detectable amount of cocaine is guilty of a felony, which 2 felony shall be known as "trafficking in cocaine." If the quantity 3 involved: 4 (A) Is twenty-eight (28) grams or more, but less than two hundred 5 (200) grams, such person shall be sentenced to a mandatory minimum 6 fixed term of imprisonment of three (3) years and fined not less than 7 ten thousand dollars ($10,000); 8 (B) Is two hundred (200) grams or more, but less than four hundred 9 (400) grams, such person shall be sentenced to a mandatory minimum 10 fixed term of imprisonment of five (5) years and fined not less than 11 fifteen thousand dollars ($15,000); 12 (C) Is four hundred (400) grams or more, such person shall be sen- 13 tenced to a mandatory minimum fixed term of imprisonment of ten (10) 14 years and fined not less than twenty-five thousand dollars ($25,000). 15 (D) The maximum number of years of imprisonment for trafficking in 16 cocaine shall be life, and the maximum fine shall be one hundred 17 thousand dollars ($100,000). 18 (3) Any person who knowingly manufactures or attempts to manufacture 19 methamphetamine and/or amphetamine is guilty of a felony which shall be 20 known as "trafficking in methamphetamine and/or amphetamine by manufactur- 21 ing." Any person convicted of trafficking in methamphetamine and/or 22 amphetamine by attempted manufacturing shall be sentenced to a mandatory 23 minimum fixed term of imprisonment of two (2) years and not to exceed 24 fifteen (15) years imprisonment and fined not less than ten thousand dol- 25 lars ($10,000). Any person convicted of trafficking in methamphetamine 26 and/or amphetamine by manufacturing shall be sentenced to a mandatory min- 27 imum fixed term of imprisonment of five (5) years and not to exceed life 28 imprisonment and fined not less than twenty-five thousand dollars 29 ($25,000). The maximum number of years of imprisonment for trafficking in 30 methamphetamine and/or amphetamine by manufacturing shall be life, and the 31 maximum fine shall be one hundred thousand dollars ($100,000). 32 (4) Any person who knowingly delivers, or brings into this state, or who 33 is knowingly in actual or constructive possession of, twenty-eight (28) 34 grams or more of methamphetamine or amphetamine or of any mixture or sub- 35 stance containing a detectable amount of methamphetamine or amphetamine is 36 guilty of a felony, which felony shall be known as "trafficking in metham- 37 phetamine or amphetamine." If the quantity involved: 38 (A) Is twenty-eight (28) grams or more, but less than two hundred 39 (200) grams, such person shall be sentenced to a mandatory minimum 40 fixed term of imprisonment of three (3) years and fined not less than 41 ten thousand dollars ($10,000); 42 (B) Is two hundred (200) grams or more, but less than four hundred 43 (400) grams, such person shall be sentenced to a mandatory minimum 44 fixed term of imprisonment of five (5) years and fined not less than 45 fifteen thousand dollars ($15,000); 46 (C) Is four hundred (400) grams or more, such person shall be sen- 47 tenced to a mandatory minimum fixed term of imprisonment of ten (10) 48 years and fined not less than twenty-five thousand dollars ($25,000). 49 (D) The maximum number of years of imprisonment for trafficking in 50 methamphetamine or amphetamine shall be life, and the maximum fine 51 shall be one hundred thousand dollars ($100,000). 52 (5) Any person who knowingly manufactures, delivers, brings into this 53 state, or who is knowingly in actual or constructive possession of the 54 below-specified quantities of any of the following immediate precursors to 55 methamphetamine or amphetamine (namely ephedrine, methylamine, methyl 3 1 formamide, phenylacetic acid, phenylacetone, or pseudoephedrine) as 2 defined in section 37-2707(g)(1), Idaho Code, or any compound, mixture or 3 preparation which contains a detectable quantity of these substances, is 4 guilty of a felony which shall be known as "trafficking in immediate 5 precursors of methamphetamine or amphetamine." If the quantity: 6 (A) Of ephedrine is five hundred (500) grams or more; 7 (B) Of methylamine is one-half (1/2) pint or more; 8 (C) Of methyl formamide is one-quarter (1/4) pint or more; 9 (D) Of phenylacetic acid is five hundred (500) grams or more; 10 (E) Of phenylacetone is four hundred (400) grams or more; 11 (F) Of pseudoephedrine is five hundred (500) grams or more; 12 such person shall be sentenced to a mandatory minimum fixed term of 13 imprisonment of ten (10) years and fined not less than twenty-five thou- 14 sand dollars ($25,000). The maximum number of years of imprisonment for 15 trafficking in immediate precursors of methamphetamine or amphetamine in 16 the quantities specified in paragraphs (A) through (F) of this subsection 17 (5) shall be life, and the maximum fine shall be one hundred thousand dol- 18 lars ($100,000). If the quantity of pseudoephedrine is twenty-five (25) 19 grams or more, but less than five hundred (500) grams, such person shall 20 be sentenced to a term of imprisonment of up to ten (10) years and fined 21 not more than twenty-five thousand dollars ($25,000). 22 (6) Any person who knowingly manufactures, delivers or brings into this 23 state, or who is knowingly in actual or constructive possession of, two 24 (2) grams or more of heroin or any salt, isomer, or salt of an isomer 25 thereof, or two (2) grams or more of any mixture or substance containing a 26 detectable amount of any such substance is guilty of a felony, which fel- 27 ony shall be known as "trafficking in heroin." If the quantity involved: 28 (A) Is two (2) grams or more, but less than seven (7) grams, such 29 person shall be sentenced to a mandatory minimum fixed term of 30 imprisonment of three (3) years and fined not less than ten thousand 31 dollars ($10,000); 32 (B) Is seven (7) grams or more, but less than twenty-eight (28) 33 grams, such person shall be sentenced to a mandatory minimum fixed 34 term of imprisonment of ten (10) years and fined not less than fif- 35 teen thousand dollars ($15,000); 36 (C) Is twenty-eight (28) grams or more, such person shall be sen- 37 tenced to a mandatory minimum fixed term of imprisonment of fifteen 38 (15) years and fined not less than twenty-five thousand dollars 39 ($25,000). 40 (D) The maximum number of years of imprisonment for trafficking in 41 heroin shall be life, and the maximum fine shall be one hundred thou- 42 sand dollars ($100,000). 43 (7) A second conviction for any trafficking offense as defined in subsec- 44 tion (a) of this section shall result in a mandatory minimum fixed term 45 that is twice that otherwise required under this section. 46 (8) Notwithstanding any other provision of law, with respect to any per- 47 son who is found to have violated the provisions of this section, adjudi- 48 cation of guilt or the imposition or execution of sentence shall not be 49 suspended, deferred, or withheld, nor shall such person be eligible for 50 parole prior to serving the mandatory minimum fixed term of imprisonment 51 prescribed in this section. Further, the court shall not retain jurisdic- 52 tion. 53 (b) Any person who agrees, conspires, combines or confederates with 54 another person or solicits another person to commit any act prohibited in sub- 55 section (a) of this section is guilty of a felony and is punishable as if he 4 1 had actually committed such prohibited act. 2 (c) For the purposes of subsections (a) and (b) of this section the 3 weight of the controlled substance as represented by the person selling or 4 delivering it is determinative if the weight as represented is greater than 5 the actual weight of the controlled substance.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 16191 The purpose of this legislation is to reduce the allowable possession limits of pseudoephedrine to 25 grams. FISCAL NOTE The cost to incarcerate an individual in the Idaho state prison system is $51.00 a day for an annual cost of $18,618.00 from the general fund. It is not possible to estimate the number of offenders who may be convicted under this statute change. Contact Name: Representative Robert Ring Representative Wills Senator Bunderson Senator McGee Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 762