AB 3105 — Fentanyl: penalties.

1 sponsors · 0 co-sponsors · 121 not signed on

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Frequently asked questions

What does AB 3105 do?

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Opiates, including fentanyl, are classified in Schedule II. Existing law prohibits transporting, importing into this state, selling, furnishing, administering, or giving away specified controlled substances, including fentanyl, and punishes a violation of that prohibition by imprisonment in a county jail for 3, 4, or 5 years. This bill would make this crime punishable by a term of 10 years to life in a case involving 20 grams or more of a mixture or substance containing a detectable amount of fentanyl, as defined, or 5 grams or more of a mixture or substance containing an analogue, and if death or great bodily injury results from the use of the substance by 20 years to life. If the person has a prior conviction for a felony offense involving a controlled substance, the bill would make the crime punishable by 20 years to life, and if death or great bodily injury results from the use of the substance by life imprisonment. If the person has 2 or more convictions for a felony offense involving a controlled substance, the bill would make the crime punishable by life in prison without the possibility of parole. This bill would make the crime punishable by a term of 5 years to 40 years in prison in a case involving 2 grams or more, but less than 20 grams, of a mixture or substance containing a detectable amount of fentanyl, as defined, or 12 a gram or more, but less than 5 grams, of a mixture or substance containing an analogue and if death or great bodily injury results from the use of the substance by 20 years to life. If the person has a prior conviction for a felony offense involving a controlled substance, the bill would make the crime punishable by 10 years to life, and if death or great bodily injury results from the use of the substance by life imprisonment. This bill would make the crime punishable by an additional 5 years imprisonment in the state prison in a case involving any amount of fentanyl or an analogue and another controlled substance or fentanyl or an analogue that was sold as another controlled substance. The bill would prohibit the grant of probation or concurrent sentencing for these violations and would impose various periods of supervised release upon release from prison. By increasing the punishment for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Who sponsors AB 3105?

AB 3105 is sponsored by Waldron.

What is the current status of AB 3105?

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track AB 3105?

Track AB 3105 free on One Click Politics — get push/email alerts when it moves.