Bill > S212

Introduced Session

This bill would increase the penalties for offenses involving manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense heroin by lowering the threshold quantities for crimes of the first, second, and third degree. The bill would not affect the threshold quantities for manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense any other controlled dangerous substance. Currently, the threshold quantity for a first degree offense involving manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense heroin is five ounces or more; the bill would reduce the threshold quantity to 2.5 ounces or more of heroin. Currently, the threshold quantity for a second degree offense is one-half ounce or more but less than five ounces of heroin; the bill would reduce this threshold quantity to 0.17 ounces or more but less than 2.5 ounces of heroin. Currently, the threshold quantity for a third degree offense is less than one-half ounce of heroin; the bill would reduce the threshold quantity to less than 0.17 ounces of heroin. The first degree crime of manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense heroin is ordinarily punishable by imprisonment for 10 to 20 years, up to a $500,000 fine, or both. Additionally, the term of imprisonment may include imposition of a mandatory minimum term, fixed at, or between, one-third and one-half of the sentence imposed with no eligibility for parole. The second degree crime of manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense heroin is ordinarily punishable by imprisonment for five to 10 years, up to a $150,000 fine, or both. The third degree crime of manufacturing, distributing, or dispensing or possessing or having under one's control with intent to manufacture, distribute, or dispense heroin is ordinarily punishable by imprisonment for three to five years, up to a $75,000 fine, or both. This bill implements Recommendation No. 7 from the July 2013 report from the State Commission of Investigation titled "Scenes from an Epidemic: A Report on the SCI's Investigation of Prescription Pill and Heroin Abuse."

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Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/14/2020)