Vote Smart's Synopsis:

Vote to pass a bill that amends penalties for drug possession and trafficking.

Highlights:

• Prohibits a person from knowingly obtaining, possessing, or using marijuana when the amount of the drug equals between .025 and 1,000 grams (pg. 130).

• Specifies that violators of the above highlight are guilty of possession of marijuana, and that the penalty for the offense will be determined as follows (pg. 130):

• If the amount is between .025 and 200 grams, possession is a minor misdemeanor;

• If the amount is between 200 and 400 grams, possession is a fourth-degree misdemeanor; and

• If the amount is between 400 and 1,000 grams, possession is a first- degree misdemeanor.

• Prohibits a person from knowingly obtaining, possessing, or using hashish when the amount of the drug involved equals between 0.25 and 50 grams (pg.130).

• Specifies that violators of the above highlight are guilty of possession of hashish, and that the penalty for the offense will be determined as follows (pg. 131):

• If the amount is between .025 and 10 grams, possession is a minor misdemeanor;

• If the amount is between 10 and 20 grams, possession is a fourth-degree misdemeanor; and 

• If the amount is between 20 and 50 grams possession is a first-degree misdemeanor. 

• Specifies that if the amount of the drug involved is fewer than 20 grams, trafficking in marijuana is one of the following (pg. 95):

• Trafficking marijuana is a minor misdemeanor on a first offense and a misdemeanor of the third degree on any subsequent offense; or

• If the offense was committed in the vicinity of a school, trafficking marijuana is a misdemeanor of the third degree.

• Specifies that if the amount of the drug involved equals or exceeds 100 grams but is less than 250 grams, aggravated trafficking in cocaine is a felony of the first degree, and the court will impose a first-degree mandatory prison term (pg. 60).

• Specifies that someone found guilty of aggravated trafficking in marijuana is punishable by a felony of the second degree, and the court will impose a second-degree felony mandatory prison term (pg. 66).

• Specifies that if the offense was committed in the vicinity of a school, aggravated trafficking in marijuana is a felony of the first degree, and the court will impose a maximum first-degree felony mandatory prison term (pg. 66).

• Specifies that an arrest or conviction for a minor misdemeanor violation does not constitute a criminal record and does not need to be reported by the person on any inquiries contained in any application for employment, license, or other right or privilege (pg. 131).

• Authorizes an eligible offender to apply to the sentencing court if convicted in this state, for the sealing of the case record that pertains to the convictions (pg. 223).

• Specifies, in regard to the previous highlight, that if the conviction was a misdemeanor violation or a felony of the fourth or fifth degree, the eligible offender can apply at any time after the successful completion of either of the following (pg. 224):

• A treatment program or other type of program imposed on the eligible offender with respect to the offense by a drug-court; or

• An intervention plan imposed on the eligible offender with respect to the offense, pursuant to a grant of intervention. 

• Authorizes the court to hold the prosecution in suspension and to stay all criminal proceedings with respect to the violation if the person is charged with a misdemeanor violation and all of the following apply (pg.123):

• The person has not previously been convicted of or pleaded guilty to certain drug crimes;

• The person agrees to a drug treatment program to comply with all terms and conditions of treatment imposed by the court, and to complete the program; and

• The person waives their right to a speedy trial and any other rights with respect to the time of proceedings.

Full Bill Text