HB 239 Modifies provisions relating to the offenses of trafficking drugs in the first and second degrees

     Handler: Onder

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 239 - This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including, candies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each increment of an edible marijuana-infused product containing 10 or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a diamond containing the letters "THC" and the number of milligrams of THC in that increment. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to Department sanctions, including an administrative penalty.

This provision is identical a provision in the perfected SCS/SB 6 (2019) and similar to SB 335 (2019).

This act adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, producing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 50 milligrams or more. Additionally, trafficking in the first degree of one or more grams of flunitrazepam or any amount of gamma-hydroxybutyric acid for the first offense shall be a Class B felony and a Class A felony when trafficking one or more grams of flunitrazepam for a second or subsequent offense or any amount of gamma-hydroxybutyric acid for a second or subsequent offense.

This act also adds to the offense of trafficking drugs in the second degree knowingly possessing, purchasing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class C felony and a Class B felony when the amount is 50 milligrams or more. Additionally, trafficking in the second degree of less than one gram of flunitrazepam for first offense shall be a Class C felony and a Class B felony for any second or subsequent offense.

These provisions are identical to provisions in the perfected SCS/SB 6 (2019) and similar to SCS/SB 953 (2018) and HB 1254 (2018).

SARAH HASKINS


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