HB615 (2021) Detail

Reducing the penalty for certain first offense drug possession charges.


Sen. Bradley, Dist 3

May 11, 2021

2021-1418s

04/06

 

 

Floor Amendment to HB 615-FN

 

Amend the title of the bill by replacing it with the following:

 

AN ACT amending the penalties for certain drug offenses under the controlled drug act.

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Controlled Drug Act; Penalties.  Amend RSA 318-B:26, I 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 years, a fine of not more than $500,000, 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, 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 years, a fine of not more than $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 term of imprisonment of not more than 40 years, a fine of not more than $500,000, 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 years, a fine of not more than $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 maximum term of imprisonment of not more than 15 years, a fine of not more than $200,000, 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, 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 years, a fine of not more than $50,000, 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.

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

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.

3  Effective Date.  This act shall take effect January 1, 2022.

2021-1418s

AMENDED ANALYSIS

 

This bill amends the penalties for certain drug offenses under the controlled drug act.

Links

HB615 at GenCourtMobile
HB615 Discussion

Action Dates

Date Body Type
House Floor Vote
Jan. 27, 2021 House Hearing
March 10, 2021 House Hearing
April 13, 2021 Senate Hearing
April 29, 2021 Senate Floor Vote
April 29, 2021 Senate Floor Vote
May 6, 2021 Senate Floor Vote
May 6, 2021 Senate Floor Vote
May 6, 2021 Senate Floor Vote
May 13, 2021 Senate Floor Vote
Jan. 27, 2021 House Hearing
April 13, 2021 Senate Hearing
April 29, 2021 Senate Floor Vote
April 29, 2021 Senate Floor Vote
May 6, 2021 Senate Floor Vote
May 6, 2021 Senate Floor Vote
May 13, 2021 Senate Floor Vote

Bill Text Revisions

HB615 Revision: 33494 Date: May 13, 2021, 7:54 a.m.
HB615 Revision: 33495 Date: May 5, 2021, 4:50 p.m.
HB615 Revision: 32137 Date: March 1, 2021, 9:39 a.m.
HB615 Revision: 33496 Date: Feb. 3, 2021, 10:50 a.m.
HB615 Revision: 31974 Date: Jan. 14, 2021, 12:43 p.m.

Docket


Jan. 5, 2022: Inexpedient to Legislate, Senate Rule 3-23, Adjournment 06/24/2021; SJ 20


May 13, 2021: Pending Motion Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Pending Motion Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Moved Laid on Table, MA, VV; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Moved Laid on Table, MA, VV; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Floor Amendment # 2021-1418s, RC 12Y-12N, AF; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Floor Amendment # 2021-1418s, RC 12Y-12N, AF; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Moved Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Sen. Bradley Moved Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Ought to Pass: Remainder of Bill and Effective Date, RC 2Y-22N, MF; 05/13/2021; SJ 15


May 13, 2021: Ought to Pass: Remainder of Bill and Effective Date, RC 2Y-22N, MF; 05/13/2021; SJ 15


May 13, 2021: Ought to Pass: Sections 2 and 5, RC 6Y-18N, MF; 05/13/2021; SJ 15


May 13, 2021: Ought to Pass: Sections 2 and 5, RC 6Y-18N, MF; 05/13/2021; SJ 15


May 13, 2021: The Chair ruled the Question Divisible; 05/13/2021; SJ 15


May 13, 2021: The Chair ruled the Question Divisible; 05/13/2021; SJ 15


May 13, 2021: Sen. Whitley Moved to divide the Question on Ought to Pass; Sections 2 and 5 and then the Remainder of Bill and Effective Date; 05/13/2021; SJ 15


May 13, 2021: Sen. Whitley Moved to divide the Question on Ought to Pass; Sections 2 and 5 and then the Remainder of Bill and Effective Date; 05/13/2021; SJ 15


May 13, 2021: Sen. Whitley Moved Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Sen. Whitley Moved Ought to Pass; 05/13/2021; SJ 15


May 13, 2021: Inexpedient to Legislate, MF, VV; 05/13/2021; SJ 15


May 13, 2021: Inexpedient to Legislate, MF, VV; 05/13/2021; SJ 15


May 13, 2021: Committee Report: Inexpedient to Legislate, 05/13/2021; SJ 14


May 6, 2021: Committee Report: Inexpedient to Legislate, 05/13/2021; SJ 14


May 6, 2021: Committee Report: Inexpedient to Legislate, 05/06/2021; SJ 14


May 6, 2021: Sen. Bradley Moved to Special Order to 05/13/21, RC 23Y-0N, MA; 05/06/2021; SJ 14


May 6, 2021: Sen. Bradley Moved to Special Order to 05/13/21, RC 23Y-0N, MA; 05/06/2021; SJ 14


April 29, 2021: Committee Report: Inexpedient to Legislate, 05/06/2021; SC 22


May 6, 2021: Committee Report: Inexpedient to Legislate, 05/06/2021; SC 22


April 29, 2021: Sen. Bradley Moved to Special Order to 05/06/2021, RC 24Y-0N, MA; 04/29/2021; SJ 13


April 29, 2021: Sen. Bradley Moved to Special Order to 05/06/2021, RC 24Y-0N, MA; 04/29/2021; SJ 13


April 29, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21


April 21, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21


April 13, 2021: Remote Hearing: 04/13/2021, 02:15 pm; Links to join the hearing can be found in the Senate Calendar; SC 19


April 8, 2021: Remote Hearing: 04/13/2021, 02:15 pm; Links to join the hearing can be found in the Senate Calendar; SC 19


April 7, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11


April 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 50


March 31, 2021: Committee Report: Ought to Pass (Vote 24-0; CC) HC 18 P. 26


: Committee Report: Ought to Pass (Vote 24-0; CC) HC 18 P. 26


March 10, 2021: Public Hearing: 03/10/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99357402693 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 24, 2021: Referred to Ways and Means 02/24/2021 HJ 3 P. 30


Feb. 24, 2021: Referred to Ways and Means 02/24/2021 HJ 3 P. 30


Feb. 24, 2021: Ought to Pass with Amendment 2021-0124h: MA VV 02/24/2021 HJ 3 P. 30


Feb. 24, 2021: Ought to Pass with Amendment 2021-0124h: MA VV 02/24/2021 HJ 3 P. 30


Feb. 24, 2021: Amendment # 2021-0124h: AA VV 02/24/2021 HJ 3 P. 30


Feb. 24, 2021: Amendment # 2021-0124h: AA VV 02/24/2021 HJ 3 P. 30


: Committee Report: Ought to Pass with Amendment # 2021-0124h (Vote 15-6; RC) HC 12 P. 17


Feb. 1, 2021: Committee Report: Ought to Pass with Amendment # 2021-0124h (Vote 15-6; RC) HC 12 P. 17


Jan. 27, 2021: Public Hearing: 01/27/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91386255102 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 21, 2021: Public Hearing: 01/27/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91386255102 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 56


Jan. 14, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 56