H 234 — CONTROLLED SUBSTANCES – Amends existing law to provide that trafficking in fentanyl is a felony and to provide that mandatory minimums become effective only on a second offense.

Bill Text

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The bill establishes that trafficking in fentanyl is a felony and sets penalties for such offenses.

• Section 37-2732B

  Any person who, with the intent to distribute to others, knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, seven (7) grams or more of: fentanly, as described in section 37-2707(c)(9), Idaho Code; or any mixture or substance containing a detectable amount of fentanyl or fentanyl-related substances, is guilty of a felony, which felony shall be known as "trafficking in fentanyl."

  This addition criminalizes the trafficking of fentanyl.

• Section 37-2732B

  If a person has a prior conviction under this section, and the quantity of fentanyl involved is: (A) Is seven (7) grams or more, but less than fourteen (14) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000); (B) Is fourteen (14) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000).

  This outlines specific penalties for trafficking in fentanyl based on the quantity.

Action History

1. March 01, 2023

   Reported Printed; Filed in the Office of the Chief Clerk

2. February 28, 2023

   Introduced, read first time, referred to JRA for Printing

Sponsors

• Judy Boyle · Primary

Subjects