Amends TCA Title 39 and Title 40.
Present law provides that it is an offense for a person to knowingly manufacture, deliver, sell, or possess with the intent to do the aforementioned actions, a controlled substance.<br /> <br /> If the controlled substance contained 0.5 grams or more of cocaine or methamphetamine, then the offense is a Class B felony and the imposed fine may not exceed $100,000. This bill adds fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue to what constitutes a qualifying controlled substance for purposes of this felony offense.<br /> <br /> Present law provides that, for any other Schedule II controlled substance, including cocaine or methamphetamine in an amount of less than 0.5 grams, the offense is a Class C felony and the imposed fine may not exceed $100,000. However, if the offense involves less than 0.5 grams, but the defendant carried or employed a deadly weapon during the commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. This bill adds fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue to what constitutes a qualifying controlled substance for purposes of these felony offenses.<br /> <br /> This bill applies to offenses committed on or after July 1, 2023.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 702, AS AMENDED.<br /> <br /> AMENDMENT #2 removes references to fentanyl derivatives and analogues and names this act the "One Pill Will Kill Act.".<br />
Present law provides that it is an offense for a person to knowingly manufacture, deliver, sell, or possess with the intent to do the aforementioned actions, a controlled substance.<br /> <br /> If the controlled substance contained 0.5 grams or more of cocaine or methamphetamine, then the offense is a Class B felony and the imposed fine may not exceed $100,000. This bill adds fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue to what constitutes a qualifying controlled substance for purposes of this felony offense.<br /> <br /> Present law provides that, for any other Schedule II controlled substance, including cocaine or methamphetamine in an amount of less than 0.5 grams, the offense is a Class C felony and the imposed fine may not exceed $100,000. However, if the offense involves less than 0.5 grams, but the defendant carried or employed a deadly weapon during the commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. This bill adds fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue to what constitutes a qualifying controlled substance for purposes of these felony offenses.<br /> <br /> This bill applies to offenses committed on or after July 1, 2023.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 702, AS AMENDED.<br /> <br /> AMENDMENT #2 removes references to fentanyl derivatives and analogues and names this act the "One Pill Will Kill Act.".<br />
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