HB1641 (2020) Detail

Reducing the criminal penalty for certain controlled drugs.


HB 1641-FN - AS AMENDED BY THE HOUSE

 

19Feb2020... 0402h

2020 SESSION

20-2058

04/06

 

HOUSE BILL 1641-FN

 

AN ACT reducing the criminal penalty for certain controlled drugs.

 

SPONSORS: Rep. Conley, Straf. 13; Rep. Amanda Bouldin, Hills. 12; Rep. Andrew Bouldin, Hills. 12; Rep. Cleaver, Hills. 35; Rep. Prout, Hills. 37; Rep. Yokela, Rock. 33; Rep. Klein-Knight, Hills. 11; Rep. St. Clair, Belk. 9

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill reduces the criminal penalty for possession, transportation, or use of certain controlled drugs.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0402h

20-2058

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT reducing the criminal penalty for certain controlled drugs.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Controlled Drug Act; Penalties.  Amend RSA 318-B:26, I-VIII to read as follows:

I.  Any person who manufactures, sells, prescribes, administers, or transports or possesses with intent to sell, dispense, or compound any controlled drug, controlled drug analog or any preparation containing a controlled drug, except as authorized in this chapter; or manufactures, sells, or transports or possesses with intent to sell, dispense, compound, package or repackage (1) any substance which he or she represents to be a controlled drug, or controlled drug analog, or (2) any preparation containing a substance which he or she represents to be a controlled drug, or controlled drug analog, shall be sentenced as follows, except as otherwise provided in this section:

(a)  In the case of a violation involving any of the following, a person shall be sentenced to a maximum term of imprisonment of not more than [30] 20 years, a fine of not more than [$500,000] $300,000, or both.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of life imprisonment, a fine of not more than [$500,000] $350,000, or both:

(1)  Five ounces or more of a mixture or substance containing any of the following, including any adulterants or dilutants:

(A)  Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; or

(B)  Cocaine other than crack cocaine, its salts, optical and geometric isomers, and salts of isomers; or

(C)  Ecgonine, its derivatives, their salts, isomers, and salts of isomers.

(2)  Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine (PCP), or its analog, in a quantity of 10 grams or more including any adulterants or dilutants.

(3)  Heroin or its analog[,] or crack cocaine, [or a fentanyl class drug] in a quantity of 5 grams or more, including any adulterants or dilutants.

(4)  Methamphetamine or its analog, in a quantity of 5 ounces or more, including adulterants or dilutants.

(5)  A fentanyl class drug in a quantity of .5 gram, or more, including any adulterants or dilutants.

(b)  In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than [20] 15 years, a fine of not more than [$300,000] $100,000, or both.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a term of imprisonment of not more than [40] 30 years, a fine of not more than [$500,000] $150,000, or both:

(1)  A substance or mixture referred to in subparagraph I(a)(1) of this section, other than crack cocaine, in a quantity of 1/2 ounce or more, including any adulterants or dilutants;

(2)  A substance classified in schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants;  

(3)  Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine (PCP) or its analog, in a quantity of less than 10 grams, including any adulterants or dilutants, or where the amount is undetermined;

(4)  Heroin or its analog[,] or crack cocaine, [or a fentanyl class drug] in a quantity of one gram or more, including any adulterants or dilutants;

(5)  Methamphetamine or its analog, in a quantity of one ounce or more including any adulterants or dilutants;

(6)  Marijuana in a quantity of 5 pounds or more including any adulterants or dilutants, or hashish in a quantity of one pound or more including any adulterants and dilutants;

(7)  Flunitrazepam in a quantity of 500 milligrams or more;

(8)  A fentanyl class drug in a quantity of .25 gram or more, including any adulterants or dilutants.

(c)  In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than [7] 5 years, a fine of not more than [$100,000] $50,000, or both.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of imprisonment of not more than [15] 10 years, a fine of not more than [$200,000]$100,000, or both:

(1)  A substance or mixture referred to in subparagraph I(a)(1) of this section, other than crack cocaine, in a quantity less than 1/2 ounce including any adulterants or dilutants;

(2)  A substance or mixture classified as a narcotic drug in schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants;

(3)  Methamphetamine, or its analog in a quantity of less than one ounce including any adulterants or dilutants;

(4)  Heroin or its analog[,] or crack cocaine, [or a fentanyl class drug] in a quantity of less than one gram, including any adulterants or dilutants;

(5)  Marijuana in a quantity of one ounce or more including any adulterants or dilutants, or hashish in a quantity of 5 grams or more including any adulterants or dilutants;

(6)  Flunitrazepam in a quantity of less than 500 milligrams;

(7)  Any other controlled drug or its analog, other than those specifically covered in this section, classified in schedules I, II, III or IV;

(8)  A fentanyl class drug in a quantity of less than .25 gram, including any adulterants or dilutants.

(d)   In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than [$25,000] $15,000, or both.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of imprisonment of not more than [6] 5 years, a fine of not more than [$50,000] $30,000, or both:

(1)  Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than 5 grams including any adulterants or dilutants;

(2)  Any schedule V substance or its analog.

II.  Any person who knowingly or purposely obtains, purchases, transports, or possesses actually or constructively, or has under his or her control, any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog, except as authorized in this chapter, shall be sentenced as follows, except as otherwise provided in this section:

(a)  In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than [$25,000] $15,000 may be imposed.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to [$50,000] $30,000 may be imposed.

(b)  In the case of a controlled drug or its analog classified in schedule V, the person shall be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than [$15,000] $10,000, or both.  If a person commits any such violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than [$25,000]$15,000 may be imposed.  

(c)  In the case of more than 3/4 ounce of marijuana or more than 5 grams of hashish, including any adulterants or dilutants, the person shall be guilty of a misdemeanor.  In the case of marijuana-infused products possessed by persons under the age of 21 or marijuana-infused products as defined in RSA 318-B:2-e, other than a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), that are possessed by a person 21 years of age or older, the person shall be guilty of a misdemeanor.

(d)  In the case of 3/4 ounce or less of marijuana or 5 grams or less of hashish, including any adulterants or dilutants, the person shall be guilty of a violation pursuant to RSA 318-B:2-c.  In the case of a person 21 years of age or older who possesses a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), the person shall be guilty of a violation pursuant to RSA 318-B:2-c.

(e)  In the case of a residual amount of a controlled substance, as defined in RSA 318-B:1, XXIX-a, a person shall be guilty of a misdemeanor if the person is not part of a service syringe program under RSA 318-B:43.

III.  A person shall be guilty of a misdemeanor who:

(a)  Except as provided in RSA 318-B:2-c, controls any premises or vehicle where he or she knows a controlled drug or its analog is illegally kept or deposited;

(b)  Aids, assists or abets a person in his or her presence in the perpetration of a crime punishable under paragraph II of this section, knowing that such person is illegally in possession of a controlled drug or its analog.

(c)  Manufactures with the intent to deliver, delivers or possesses with the intent to deliver any drug paraphernalia when such paraphernalia is knowingly manufactured, delivered or possessed for one or more of the uses set forth in RSA 318-B:2, II.

(d)  Places an advertisement in violation of RSA 318-B:2, III.

III-a.  [Repealed.]

IV.  Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or a fine or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

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.

VII.  Any person who violates RSA 318-B:2, XI may be sentenced to a maximum term of imprisonment of not more than [20] 15 years, a fine of not more than[ $300,000] $15,000, or both.  If any person commits such a violation after one or more prior offenses, as defined in RSA 318-B:27, such person may be sentenced to a term of imprisonment of not more than [40] 30 years, a fine of not more than $500,000, or both.

VIII.  Any person who knowingly or purposely obtains or purchases (1) any substance which he or she represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he or she represents to be a controlled drug or controlled drug analog, except as authorized in this chapter, shall be guilty of a misdemeanor.  If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2058

12/11/19

 

HB 1641-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT reducing the criminal penalty for certain controlled drugs.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

The Judicial Branch was originally contacted on October 22, 2019 for a fiscal note worksheet, which they have not provided as of December 11, 2019.

 

METHODOLOGY:

The Judicial Council indicates this bill reduces the maximum fines and terms of imprisonment for various violations of the Controlled Drug Act.  While elimination of mandatory minimum sentences may mean that a specific case requires less time to prepare, the Council states the bill would not result in any appreciable savings to the indigent defense system.

 

The Department of Corrections is not able to estimate the number of people that would be affected by these changes.  The Department states any resulting fiscal impact would be no change or a decrease in expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Corrections and New Hampshire Association of Counties

 

Links

HB1641 at GenCourtMobile
HB1641 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 House Hearing
Jan. 28, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1641 Revision: 8169 Date: Feb. 19, 2020, 2:20 p.m.
HB1641 Revision: 7288 Date: Dec. 12, 2019, 11:32 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety
Jan. 21, 2020 Public Hearing: 01/21/2020 09:30 am LOB 204
Jan. 28, 2020 ==RECESSED== Executive Session: 01/28/2020 10:00 am LOB 204
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Feb. 5, 2020 ==CONTINUED== Executive Session: 02/05/2020 01:00 pm LOB 204
Committee Report: Ought to Pass with Amendment # 2020-0402h (Vote 18-2; CC)
Feb. 19, 2020 Committee Report: Ought to Pass with Amendment # 2020-0402h for 02/19/2020 (Vote 18-2; CC) HC 7 P. 4
Feb. 19, 2020 Amendment # 2020-0402h: AA VV 02/19/2020
Feb. 19, 2020 Ought to Pass with Amendment 2020-0402h: MA VV 02/19/2020