HB84 Alabama 2018 Session

This bill would add certain named chemical compounds of Fentanyl and synthetic controlled substance Fentanyl analogues to Schedule I of the controlled substances list. Possession, distribution, and trafficking of these compounds would be deemed unlawful, and violations would be subject to the existing criminal penalties, as well as enhanced penalties, for distribution

This bill would provide criminal penalties for trafficking of Fentanyl or any synthetic controlled substance Fentanyl analogue added to Schedule I

This bill would also provide for the charging of a defendant for trafficking of certain controlled substances, including Fentanyl and synthetic controlled substance Fentanyl analogues, if the person possesses 50 or more individual packages of the substance, notwithstanding the required weight ranges for trafficking

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to Schedule I controlled substances; to amend Sections 13A-12-211, 13A-12-231, Code of Alabama 1975, to provide enhanced criminal penalties for the unlawful possession or unlawful distribution, Fentanyl, and certain synthetic controlled substance analogues; to provide criminal penalties for the unlawful trafficking of Fentanyl or any synthetic controlled substance Fentanyl analogue added to Schedule I; to provide an alternative method for charging a person for trafficking of certain controlled substances or analogues; to amend Section 20-2-23, Code of Alabama 1975, as last amended by Act 2016-279, 2016 Regular Session, to add certain named chemical compounds of Fentanyl and synthetic controlled substance Fentanyl analogues, to Schedule I of the controlled substances list; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.