2006 Legislation
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HOUSE BILL NO. 519 – Pseudoephedrine/quantity prohibited

HOUSE BILL NO. 519

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 is five hundred twenty (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 / Fiscal Impact



                       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