SB39 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Controlled substances, Fentanyl and Fentanyl analogues included in schedule I, criminal penalties for trafficking, Secs. 13A-12-211, 13A-12-231, 20-2-23 am'd.

Description

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.

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Subjects

Drugs