SB 732 - Under current law, a person commits the Class A felony of first-degree drug trafficking if such person distributes, delivers, manufacturers or produces more than 150 grams of powder cocaine. The person is not eligible for probation or parole if the quantity of cocaine is more than 449 grams. Under a separate provision, a person commits the Class A felony of first-degree drug trafficking if the person distributes, delivers, manufactures, or produces more than 2 grams of crack cocaine and probation and parole are not available if the quantity is 6 grams or more. Also, under the crime of second-degree drug trafficking, a person who possesses, purchases, or bring into the state more than 150 grams of powder cocaine is guilty of a Class B felony, which becomes a Class A felony if the quantity involved is 450 grams or more. Under a separate provision, the possession, purchase, or movement into the state of more than 2 grams of crack cocaine is a Class B felony, which becomes a Class A felony if the quantity involved is 6 grams or more.
This act repeals the provisions specific to crack cocaine in the first- and second-degree drug trafficking statutes, so that the punishment for trafficking a certain amount of powder cocaine is the same punishment for trafficking the same amount of crack cocaine.
MEGHAN LUECKE