HB2329 H DA AM 2-16 #1

            The Committee on the Prevention and Treatment of Substance Abuse moves to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-414. Unlawful production, manufacture, or possession of fentanyl.

(a) For purposes of this section,

(1) “Controlled substance” shall have the same meaning as provided in subsection (e), section one hundred one, article one of this chapter.

(2) “Fentanyl” refers to the substance identified in subdivision (9), subsection (c), section two hundred six, article two of this chapter, and any derivative thereof.

(b) Any person who violates the provisions of subsection (a), section four hundred one of this article or section four hundred nine of this article in which fentanyl is the controlled substance involved in the offense, either in its independent state or mixed with another controlled substance, shall be guilty of a felony, and upon conviction thereof, shall be punished in accordance with the following:

(1) if the net weight of fentanyl involved in the offense is less than 1 gram, such person shall be imprisoned in a correctional facility not less than three nor more than fifteen years.

(2) if the net weight of fentanyl involved in the offense is 1 gram or more but less than 5 grams, such person shall be imprisoned in a correctional facility not less than five nor more than twenty years.

(3) if the net weight of fentanyl involved in the offense is 5 grams or more but less than 10 grams, such person shall be imprisoned in a correctional facility not less than eight nor more than twenty-five years.

(4) if the net weight of fentanyl involved in the offense is 10 grams or more but less than 25 grams, such person shall be imprisoned in a correctional facility not less than ten years nor more than thirty years.

(5) if the net weight of fentanyl involved in the offense is 25 grams or more, such person shall be imprisoned in a correctional facility not less than twelve nor more than thirty-five years.