2006 Legislation
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HOUSE BILL NO. 762 – Pseudoephedrine, possession, amt

HOUSE BILL NO. 762

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Statement of Purpose / Fiscal Impact


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                       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