Bill > A784

Introduced Session

This bill would establish new classification schemes for certain controlled dangerous substances. Currently, the seriousness of a drug distribution offense is measured by reference to the amount, or weight, of controlled dangerous substances involved. However, some controlled dangerous substances, such as LSD and methamphetamine, are not sold by weight and are difficult to measure by weight. This bill would give prosecutors the option to grade the seriousness of a drug distribution offense by reference to the number of units involved, rather than the weight of the drugs. Under this bill, a unit would be 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 is less. This new classification scheme is intended to more accurately grade the crime of distributing particular substances such as LSD and methamphetamine, and also to more accurately grade such crimes as the packaging of illicit substances for street level distribution. The new scheme is intended to give prosecutors an additional tool to use in charging those involved in drug trafficking. In many cases, it would have the effect of granting prosecutors the option to charge a defendant with a higher level offense than would otherwise be possible under current law. The charge by "units" would apply only to persons who distribute or possess illicit drugs with the intent to distribute. It would not be used to determine the seriousness of "simple possession" drug offenses. The bill would establish a new classification scheme for the crime of distribution of heroin to make the weights comparable, in terms of amounts commonly consumed, to the weights required for cocaine. 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. Thus, in effect, the current statutes allow those who distribute heroin to be treated more leniently than those who distribute cocaine. Consequently, the new classification scheme established under the bill for the crime of distribution of heroin and cocaine would be as follows: A person would be guilty of a crime of the first degree for distributing or possessing with intent to distribute the following: · one ounce or more of heroin (instead of the current five ounces or more), or· five ounces or more of cocaine (same as current law), or· 500 or more units of either cocaine or heroin. A person would be guilty of a crime of the second degree for distributing or possessing with intent to distribute the following:· one-quarter ounce or more but less than one ounce of heroin (instead of the current one-half ounce or more but less than five ounces ), or· one-half ounce or more but less than five ounces of cocaine (same as current law), or· 100 or more units but fewer than 500 units of cocaine or heroin. A person would be guilty of a crime of the third degree for distributing or possessing with intent to distribute the following:· less than one quarter ounce (instead of the current less than one-half ounce) of heroin, or· less than one-half ounce of cocaine (same as current law), or· fewer than 100 units of cocaine or heroin. The mandatory minimum terms of imprisonment under the statute and the mandatory minimum fines remain unchanged. The bill would also add the "units" measurement scheme for the following: (1) the first degree crimes of distributing or possessing with intent to distribute: (a) lysergic acid diethylamide (LSD), or its analog, in a quantity of 100 milligrams or more or 500 or more units; or phencyclidine, or its analog, in a quantity of 10 grams or more or 500 or more units; or (b) Methamphetamine, or its analog, or P2P, in a quantity of five ounces or more or 500 or more units. (2) the second degree crimes of distributing or possessing with intent to distribute: (a) lysergic acid diethylamide (LSD), or its analog, in a quantity of less than 100 milligrams grams or 100 or more units but fewer than 500 units or phencyclidine, or its analog, in a quantity of less than 10 grams or 100 or more units but fewer than 500 units; or (b) Methamphetamine, or P2P, in a quantity of one-half ounce or more but less than five ounces or 100 or more units but fewer than 500 units. (The third degree crime concerning a quantity of less than one-half ounce remains the same.) The gradation scheme for distributing or possessing with intent to distribute marijuana and hashish remain the same as does the gradation scheme for controlled dangerous substances classified in Schedules I, II, III, IV, or V.

AI Summary

Committee Categories

Paul Kanitra (R)*,  Greg McGuckin (R)*,  Dawn Fantasia (R), 

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

Official Document