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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 - 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
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