Bills

AB 3171: Controlled substances: fentanyl.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2024-04-23

Current Status:

Failed

(2024-05-16: In committee: Held under submission.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill raises prison terms for people who possess for sale, transport, sell, or import more than 28.35 grams (about one ounce) of fentanyl or a fentanyl analog. Possession-for-sale penalties increase to 4–6 years, most sale/transport/import penalties increase to 7–9 years, and transporting that amount to a noncontiguous county can bring 7, 10, or 13 years in prison. It also requires that the person knew the substance was fentanyl.

The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.

Version:

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. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation to a noncontiguous county within the state punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.

This bill would increase the above-described penalties, as specified, if the controlled substance involved was more than more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl. fentanyl and the individual knew that the specific controlled substance was fentanyl. By increasing the penalty for a crime, this bill would impose a state-mandated local program.

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.

Discussed in Hearing

Assembly Standing Committee on Public Safety 24MIN
Apr 16, 2024

Assembly Standing Committee on Public Safety

View Older Hearings
Authors shown for version:
Amended Assembly (4/23/2024)

Bill Co-Author(s):