View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0519................................by JUDICIARY, RULES AND ADMINISTRATION PSEUDOEPHEDRINE - Amends existing law relating to Uniform Controlled Substances to revise the prohibited quantity of pseudoephedrine for purposes of determining applicable punishment. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Jud 02/22 Rpt out - to Gen Ord 02/28 Retained on Gen Ord - Ret'd to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 519 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2732B, IDAHO 3 CODE, TO REVISE THE PROHIBITED QUANTITY OF PSEUDOEPHEDRINE FOR PURPOSES OF 4 DETERMINING APPLICABLE PUNISHMENT. 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 isfive hundredtwenty (50020) 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 16 shall be life, and the maximum fine shall be one hundred thousand dollars 17 ($100,000). 18 (6) Any person who knowingly manufactures, delivers or brings into this 19 state, or who is knowingly in actual or constructive possession of, two 20 (2) grams or more of heroin or any salt, isomer, or salt of an isomer 21 thereof, or two (2) grams or more of any mixture or substance containing a 22 detectable amount of any such substance is guilty of a felony, which fel- 23 ony shall be known as "trafficking in heroin." If the quantity involved: 24 (A) Is two (2) grams or more, but less than seven (7) grams, such 25 person shall be sentenced to a mandatory minimum fixed term of 26 imprisonment of three (3) years and fined not less than ten thousand 27 dollars ($10,000); 28 (B) Is seven (7) grams or more, but less than twenty-eight (28) 29 grams, such person shall be sentenced to a mandatory minimum fixed 30 term of imprisonment of ten (10) years and fined not less than fif- 31 teen thousand dollars ($15,000); 32 (C) Is twenty-eight (28) grams or more, such person shall be sen- 33 tenced to a mandatory minimum fixed term of imprisonment of fifteen 34 (15) years and fined not less than twenty-five thousand dollars 35 ($25,000). 36 (D) The maximum number of years of imprisonment for trafficking in 37 heroin shall be life, and the maximum fine shall be one hundred thou- 38 sand dollars ($100,000). 39 (7) A second conviction for any trafficking offense as defined in subsec- 40 tion (a) of this section shall result in a mandatory minimum fixed term 41 that is twice that otherwise required under this section. 42 (8) Notwithstanding any other provision of law, with respect to any per- 43 son who is found to have violated the provisions of this section, adjudi- 44 cation of guilt or the imposition or execution of sentence shall not be 45 suspended, deferred, or withheld, nor shall such person be eligible for 46 parole prior to serving the mandatory minimum fixed term of imprisonment 47 prescribed in this section. Further, the court shall not retain jurisdic- 48 tion. 49 (b) Any person who agrees, conspires, combines or confederates with 50 another person or solicits another person to commit any act prohibited in sub- 51 section (a) of this section is guilty of a felony and is punishable as if he 52 had actually committed such prohibited act. 53 (c) For the purposes of subsections (a) and (b) of this section the 54 weight of the controlled substance as represented by the person selling or 55 delivering it is determinative if the weight as represented is greater than 4 1 the actual weight of the controlled substance.
STATEMENT OF PURPOSE RS 15419 The purpose of this legislation is to reduce the allowable possession limits of pseudoephedrine to 20 grams. FISCAL NOTE None. Contact Name: Representative Ring, Wills Senator Bunderson, McGee Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 519