Bill

Bill > HB1042


VA HB1042

VA HB1042
Controlled substances; manufacturing, selling, giving, distributing misbranded drugs, etc.


summary

Introduced
01/10/2024
In Committee
01/10/2024
Crossed Over
Passed
Dead
02/13/2024

Introduced Session

2024 Regular Session

Bill Summary

Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law. Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law. The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl. The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.

AI Summary

This bill makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces a controlled substance into the human body. The bill also makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that their action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance containing certain substances like Schedule I or II controlled substances or cocaine. Additionally, the bill increases the penalty for violations related to adulterated or misbranded drugs and cosmetics from a Class 2 misdemeanor to a Class 6 felony. The bill also creates a new felony punishable by 10 to 40 years in prison for knowingly allowing a minor or mentally incapacitated or physically helpless person to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.

Committee Categories

Justice

Sponsors (1)

Last Action

House Appropriations Committee Hearing (00:00:00 2/28/2024 House Appropriations Committee Room - 1200) (on 02/28/2024)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB1042
Fiscal Note/Analysis - House: Impact statement from DPB (HB1042) https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB1042F122+PDF
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB1042+hil
Fiscal Note/Analysis - House: Prefiled and ordered printed; offe https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB1042F160+PDF
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