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H0573................................by JUDICIARY, RULES AND ADMINISTRATION
TRAFFICKING - AMPHETAMINES - Amends existing law to include trafficking in
amphetamine as a trafficking offense.
01/30 House intro - 1st rdg - to printing
02/02 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Campbell, Deal, Jones(22), Mortensen,
Mr Speaker
Floor Sponsor - Field(13)
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 31-0-4
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--None
Absent and excused--Andreason, Darrington, Hansen, Ipsen
Floor Sponsor - Riggs
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 168
Effective: 07/01/98
H0573|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 573 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO TRAFFICKING IN CONTROLLED SUBSTANCES; AMENDING SECTION 37-2732B, 3 IDAHO CODE, TO INCLUDE TRAFFICKING IN AMPHETAMINE AS A TRAFFICKING 4 OFFENSE. 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 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 size or weight 26 of the plants, such person shall be sentenced to a mandatory minimum 27 fixed term of imprisonment of three (3) years and fined not less than 28 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 size or weight of the 31 plants, such person shall be sentenced to a mandatory minimum fixed 32 term of imprisonment of five (5) years and fined not less than fif- 33 teen 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, delivers, or brings into this 19 state, or who is knowingly in actual or constructive possession of, 20 twenty-eight (28) grams or more of methamphetamine or amphetamine 21 or of any mixture or substance containing a detectable amount of 22 methamphetamine or amphetamine is guilty of a felony, which 23 felony shall be known as "trafficking in methamphetamine or ampheta- 24 mine ." If the quantity involved: 25 (A) is twenty-eight (28) grams or more, but less than two hundred 26 (200) grams, such person shall be sentenced to a mandatory minimum 27 fixed term of imprisonment of three (3) years and fined not less than 28 ten thousand dollars ($10,000); 29 (B) is two hundred (200) grams or more, but less than four hundred 30 (400) grams, such person shall be sentenced to a mandatory minimum 31 fixed term of imprisonment of five (5) years and fined not less than 32 fifteen thousand dollars ($15,000); 33 (C) is four hundred (400) grams or more, such person shall be sen- 34 tenced to a mandatory minimum fixed term of imprisonment of ten (10) 35 years and fined not less than twenty-five thousand dollars ($25,000). 36 (D) The maximum number of years of imprisonment for trafficking in 37 methamphetamine or amphetamine shall be life, and the 38 maximum fine shall be one hundred thousand dollars ($100,000). 39 (4) Any person who knowingly manufactures, delivers, brings into this 40 state, or who is knowingly in actual or constructive possession of the 41 below-specified quantities of any of the following immediate precursors to 42 methamphetamine or amphetamine (namely ephedrine, 43 methylamine, methyl formamide, phenylacetic acid, phenylacetone, or 44 pseudoephedrine) as defined in section 37-2707(g)(1), Idaho Code, or any 45 compound, mixture or preparation which contains a detectable quantity of 46 these substances, is guilty of a felony which shall be known as 47 "trafficking in immediate precursors of methamphetamine or ampheta- 48 mine ." If the quantity: 49 (A) of ephedrine is five hundred (500) grams or more; 50 (B) of methylamine is one-half (1/2) pint or more; 51 (C) of methyl formamide is one-quarter (1/4) pint or more; 52 (D) of phenylacetic acid is five hundred (500) grams or more; 53 (E) of phenylacetone is four hundred (400) grams or more; 54 (F) of pseudoephedrine is five hundred (500) grams or more; 55 such person shall be sentenced to a mandatory minimum fixed term of 3 1 imprisonment of ten (10) years and fined not less than twenty-five thou- 2 sand dollars ($25,000). The maximum number of years of imprisonment for 3 trafficking in immediate precursors of methamphetamine or ampheta- 4 mine shall be life, and the maximum fine shall be one hundred thou- 5 sand dollars ($100,000). 6 (5) Any person who knowingly manufactures, delivers or brings into this 7 state, or who is knowingly in actual or constructive possession of, two 8 (2) grams or more of heroin or any salt, isomer, or salt of an isomer 9 thereof, or two (2) grams or more of any mixture or substance containing 10 a detectable amount of any such substance is guilty of a felony, which 11 felony shall be known as "trafficking in heroin." If the quantity 12 involved: 13 (A) is two (2) grams or more, but less than seven (7) grams, such 14 person shall be sentenced to a mandatory minimum fixed term of 15 imprisonment of three (3) years and fined not less than ten thousand 16 dollars ($10,000); 17 (B) is seven (7) grams or more, but less than twenty-eight (28) 18 grams, such person shall be sentenced to a mandatory minimum fixed 19 term of imprisonment of ten (10) years and fined not less than fif- 20 teen thousand dollars ($15,000); 21 (C) is twenty-eight (28) grams or more, such person shall be sen- 22 tenced to a mandatory minimum fixed term of imprisonment of fifteen 23 (15) years and fined not less than twenty-five thousand dollars 24 ($25,000). 25 (D) The maximum number of years of imprisonment for trafficking in 26 heroin shall be life, and the maximum fine shall be one hundred thou- 27 sand dollars ($100,000). 28 (6) A second conviction for any trafficking offense as defined in subsec- 29 tion (a) of this section shall result in a mandatory minimum fixed term 30 that is twice that otherwise required under this section. 31 (7) Notwithstanding any other provision of law, with respect to any per- 32 son who is found to have violated the provisions of this section, adjudi- 33 cation of guilt or the imposition or execution of sentence shall not be 34 suspended, deferred, or withheld, nor shall such person be eligible for 35 parole prior to serving the mandatory minimum fixed term of imprisonment 36 prescribed in this section. Further, the court shall not retain jurisdic- 37 tion. 38 (b) Any person who agrees, conspires, combines or confederates with 39 another person or solicits another person to commit any act prohibited in sub- 40 section (a) of this section is guilty of a felony and is punishable as if he 41 had actually committed such prohibited act. 42 (c) For the purposes of subsections (a) and (b) of this section the 43 weight of the controlled substance as represented by the person selling or 44 delivering it is determinative if the weight as represented is greater than 45 the actual weight of the controlled substance.
STATEMENT OF PURPOSE
RS 07658
The purpose of this legislation is to amend the
Trafficking in Methamphetamine statute to include its
sister drug, amphetamine. When this statute was originally
passed, methamphetamine was the drug that dealers were
commonly making in street labs. Amphetamine, the purer
version of methamphetamine, was not as prominent. However,
street level drug dealers are now making amphetamine
because they realize that possessing a large amount will
not expose them to the consequences of the trafficking
statute. Since the Idaho trafficking statute only says
methamphetamine, savvy drug dealers and their attorneys
have been able to get out of Idaho's mandatory minimum
drug statutes on this technicality. This amendment would
change that.
FISCAL NOTE
This amendment will have little fiscal impact. Those caught
with trafficking quantities of amphetamine are prosecuted
under the Possession with Intent to Deliver Statute. The
amendment may actually assist in reducing judicial and
criminal cost, in that those caught under mandatory minimum
sentencing are more likely to plea bargain and it also is a
deterrent to drug dealers to set up shop in our state.
CONTACT: Connie Vietz
208-364-2159
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 573