Bill > A343

Introduced Session

This bill requires offenses involving manufacturing, distributing, and dispensing heroin to be graded based on the number of dosage units of heroin, in addition to the weight. Under current law, the distribution of heroin and cocaine are punishable as if they were the same substance. However, heroin provides more pharmacological effect from a given weight than does cocaine. A dosage unit of heroin typically weighs approximately 0.02 grams. It is not uncommon for a dosage unit of cocaine to weigh approximately 14 grams, or 0.49 ounces. Under current law, manufacturing, distributing, or possessing with intent to distribute a dosage unit of cocaine in the amount of up to 0.5 ounces would be punishable as crimes of the third degree. Accordingly, a single dosage unit of cocaine that weighs 0.49 ounces would be would be punishable as a crime of the third degree. A person who manufactures, distributes, or possesses approximately 700 dosage units of heroin would also only be guilty of a crime of the third degree. Thus, in effect, the current statutes allow those who distribute heroin to be treated far more leniently than those who distribute cocaine. The new classification scheme established under the bill for the crime of distribution of heroin would be as follows: · A person would be guilty of a crime of the first degree for manufacturing, distributing, or possessing with intent to distribute heroin, or its analog, in a quantity of 50 grams or more, or 2,500 dosage units or greater;· A person would be guilty of a crime of the second degree for manufacturing, distributing, or possessing with intent to distribute heroin or its analog, in a quantity greater than two grams but less than 50 grams, or greater than 100 dosage units but fewer than 2,500 dosage units. · A person would be guilty of a crime of the third degree for manufacturing, distributing, or possessing with intent to distribute heroin or its analog, in a quantity of two grams or less or 100 or fewer dosage units. Under the bill, "dosage unit" is defined as either the smallest discrete pill, tablet, capsule, vial, packet, fold or other unit of distribution or packaging of the controlled dangerous substance, or the amount which is commonly distributed for consumption at one time by an individual to achieve the desired effect, whichever method of measurement results in the greater number of dosage units.

Committee Categories

Don Guardian (R)*,  Claire Swift (R)*,  Michele Matsikoudis (R),  Antwan McClellan (R), 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document