View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2006
IN 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