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1 First Offense Drug Charges; Penalties. RSA 318-B:26, II(a) is repealed and reenacted to read as follows:
(a) In the case of a controlled drug or its analog, other than those specifically covered in this section, the person shall be guilty of a misdemeanor, except that any person who commits any such violation after one or more prior offenses as defined in RSA 318-B:27 may be sentenced to a class B felony or as a misdemeanor at the discretion of the sentencing court.
2 Penalties for Certain Drug Offenses; Intent to Sell Near a School; Drug Enterprise Leader. Amend RSA 318-B:26, V and VI to read as follows:
V. Any person who violates this chapter by manufacturing, selling, prescribing, administering, dispensing, or possessing with intent to sell, dispense, or compound any controlled drug or its analog, in or on or within 1,000 feet of the real property comprising a public or private elementary, secondary, or secondary vocational-technical school, may be sentenced to a term of imprisonment or fine, or both, up to twice that otherwise authorized by this section. Except to the extent a greater minimum sentence is otherwise provided by this chapter, a sentence imposed under this paragraph shall include a mandatory minimum term of imprisonment of not less than one year. Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced.
VI. Except as otherwise provided in this paragraph, a person convicted under RSA 318-B:2, XII as a drug enterprise leader shall be sentenced to a mandatory minimum term of not less than 25 years and may be sentenced to a maximum term of not more than life imprisonment. The court may also impose a fine not to exceed $500,000 or 5 times the street value of the controlled drug or controlled drug analog involved, whichever is greater. Upon conviction, the court shall impose the mandatory sentence unless the defendant has pleaded guilty pursuant to a negotiated agreement or, in cases resulting in trial, the defendant and the state have entered into a post-conviction agreement which provides for a lesser sentence. The negotiated plea or post-conviction agreement may provide for a specified term of imprisonment within the range of ordinary or extended sentences authorized by law, a specified fine, or other disposition. In that event, the court at sentencing shall not impose a lesser term of imprisonment or fine than that expressly provided for under the terms of the plea or post-conviction agreement.
3 Repeal. RSA 318-B:26, II(b), relative to maximum sentences for certain drug violations, is repealed.
4 Effective Date. This act shall take effect January 1, 2021.
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1 First Offense Drug Charges; Penalties. RSA 318-B:26, II(a) is repealed and reenacted to read as follows:
(a) In the case of a controlled drug or its analog, other than those specifically covered in this section, the person shall be guilty of a misdemeanor, except that any person who commits any such violation after one or more prior offenses as defined in RSA 318-B:27 may be sentenced to a class B felony or as a misdemeanor at the discretion of the sentencing court.
2 Penalties for Certain Drug Offenses; Intent to Sell Near a School; Drug Enterprise Leader. Amend RSA 318-B:26, V and VI to read as follows:
V. Any person who violates this chapter by manufacturing, selling, prescribing, administering, dispensing, or possessing with intent to sell, dispense, or compound any controlled drug or its analog, in or on or within 1,000 feet of the real property comprising a public or private elementary, secondary, or secondary vocational-technical school, may be sentenced to a term of imprisonment or fine, or both, up to twice that otherwise authorized by this section.
VI. Except as otherwise provided in this paragraph, a person convicted under RSA 318-B:2, XII as a drug enterprise leader may be sentenced to an extended term of imprisonment which may include a maximum term of not more than life imprisonment. The court may also impose a fine not to exceed $500,000 or 5 times the street value of the controlled drug or controlled drug analog involved, whichever is greater.
3 Repeal. RSA 318-B:26, II(b), relative to maximum sentences for certain drug violations, is repealed.
4 Effective Date. This act shall take effect January 1, 2021.