HB 471 - Senate Summary
HB 471 - Senate Summary
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CCS/SCS/HB 471 - This act adds gamma hydroxybutyric acid (GHB) to the Schedule I list of controlled substances. GHB contained in a drug product approved by federal law and ketamine are added to Schedule III. Currently, ketamine is a Schedule IV controlled substance. The act requires that certain professionals may only use individuals authorized by statute to dispense controlled substances; currently, a nurse or graduate physician under the professional's direction and supervision may dispense such substances. These provisions are similar to HB 209.
The act also adds distribution or manufacture of more than 30 grams of any material containing any amount of the substance 3,4-methylenedioxymethamphetamine (commonly known as "ecstasy") to the crime of trafficking drugs in the first degree. If the quantity is more than 30 grams but less than 90 grams, the penalty is a Class A felony. If the quantity is 90 grams or more, or more than 30 grams within feet of public housing or within a motor vehicle or hotel, the penalty is a Class A felony without probation or parole.
The act adds gamma butyrolactone and 1,4 butanediol, both precursors to GHB, to the list of substances for which retailers are required to report sales. Proper identification to purchase the substances need not contain a photograph or the motor vehicle license number, but must list the intended use for the substance. The reporting requirements are revised to require retailers to keep records and inventories in compliance with federal law as well as Department of Health regulations. The Department may inspect the establishment of any registrant. The above provisions are similar to HB 209.
This act regulates the sale of ephedrine, pseudoephedrine and phenylpropanolamine, precursors to methamphetamine manufacture. Any manufacturers and wholesalers who, in compliance with federal law, report suspicious transactions to the U.S. Attorney General shall also submit a copy of the report to the chief law enforcement official with jurisdiction. A "suspicious transaction" has the same meaning as in the U.S. Code. A violation is a Class D felony.
The act revises the definition of drug paraphernalia to include substances intended for use in the manufacture of controlled substances. A court should consider the quantity, form and packaging of a product in relation to that associated with legitimate use in determining whether a product is drug paraphernalia.
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Possession of more than 24 grams of any methamphetamine precursor drug shall constitute prima facie evidence of intent to deliver drug paraphernalia, and intent to possess a methamphetamine precursor drug with the intent to manufacture methamphetamine or amphetamine, both Class D felonies.
The act also prohibits over-the-counter sales of more than 3 packages of any methamphetamine precursor drug, with certain exceptions. A knowing or reckless violation is a Class A misdemeanor. The retail sales of such drugs shall be limited to sales in packages containing not more than a total of 3 grams, or for nonliquid products, sales in blister packs containing not more than 2 dosage units. A knowing violation is a Class A misdemeanor. The above provisions are similar to SB 608.
The act also provides that possession of more than 30 grams of any material containing any amount of the substance 3,4- methylenedioxymethamphetamine (ecstacy) constitutes trafficking in the second degree. If the quantity is more than 30 grams but less than 90 grams, the penalty is a Class B felony; possession of 90 grams or more but less than 450 grams is a Class A felony; and possession of 450 grams or more is a Class A felony without probation or parole.
The act establishes a Drug Courts Coordinating Commission in the judicial department to meet at the call of the chair in order to evaluate resources available for assessment and treatment of persons assigned to drug courts, and to allocate resources among the various such courts operating in the state. This provision is similar to HB 141.
Several of the above provisions are also contained in
HS/HCS/SS/SCS/SBs 89 & 37 (TAT).
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