SB 176: Controlled substances: fentanyl and carfentanil.

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. The drug fentanyl, an opiate, is classified in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term and a specified fine upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, depending on the weight of the substance.

This bill would classify carfentanil, an opiate, in Schedule II. The bill would also make the provisions imposing an additional term and fine, as described above, applicable with respect to a substance containing carfentanil or fentanyl. By imposing additional incarceration costs on local agencies, the bill would impose a state-mandated local program. The bill would also make conforming changes.

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.