Purpose

• The bill changes how drug weights are counted when charging someone with a first-degree controlled substance crime. It also clarifies how weight is measured for water pipe use. The overall goal is to specify when possession of certain drug mixtures meets the high thresholds that trigger a first-degree offense.

Main Provisions

• New thresholds for first-degree possession of controlled substances by weight:
  • Cocaine or methamphetamine: 50 grams or more in a mixture.
  • Cocaine or methamphetamine: 25 grams or more in a mixture, plus one of:
  • The offender or an accomplice is on the person or within immediate reach and uses, brandishes, displays, threatens with, or otherwise employs a firearm; or
  • The offense involves two aggravating factors.
  • Heroin or fentanyl: 25 grams or more in a mixture, or 100 dosage units or more.
  • Other narcotic drugs (not cocaine, heroin, fentanyl, or methamphetamine): 500 grams or more in a mixture.
  • Amphetamine, phencyclidine (PCP), or hallucinogens: 500 grams or more in a mixture, or 500 or more dosage units.
  • Cannabis-related thresholds: 50 kilograms or more of cannabis flower; 10 kilograms or more of cannabis concentrate; or edible cannabis products or hemp products infused with more than 1 kilogram of THC (tetrahydrocannabinols), or any combination of these.
• Specific measurement rule for water pipe fluid:
  • When calculating the weight of a mixture, the weight of water pipe fluid is not counted, unless the mixture contains four or more fluid ounces of fluid. In those cases, the fluid is counted toward the weight.

Significant Changes to Existing Law

• Measurement rule for water pipe fluid: The bill narrows how water pipe fluid is counted toward drug-weight thresholds in most cases, counting it only if the mixture contains at least four fluid ounces. This effectively lowers many drug-weight calculations unless a large amount of water pipe fluid is involved.
• Expansion of first-degree offense conditions: The bill adds numerous high-weight thresholds across a range of drugs (cocaine, methamphetamine, heroin, fentanyl, other narcotics, amphetamine/PCP/hallucinogens, and various cannabis products) to determine when possession constitutes a first-degree crime. It also ties some thresholds to aggravating factors (such as firearm use or additional aggravating elements) to reach the first-degree level.
• Cannabis and THC scope: The bill explicitly includes large amounts of cannabis products and hemp-derived products with significant total THC (more than 1 kilogram of THC) as potential triggers for first-degree charges.

Potential Implications (Summary)

• Individuals possessing large quantities of specific drugs could face harsher penalties under a first-degree charge.
• Law enforcement and prosecutors would rely on these weight-based thresholds to classify offenses.
• People who use water pipes with small amounts of fluid may see no change in penalties, while larger fluid amounts could affect charges due to the four-ounce rule.

Relevant Terms - First-degree controlled substance crime - Possession - Mixtures - Total weight - Cocaine - Methamphetamine - Heroin - Fentanyl - Opioids - Narcotic drug - Dosage units - Amphetamine - Phencyclidine (PCP) - Hallucinogen - Cannabis flower - Cannabis concentrate - Edible cannabis products - Hemp edibles - Hemp-derived consumer products - Tetrahydrocannabinols (THC) - Water pipe fluid - Immediate reach - Brandishing - Displaying - Threatening - Firearm - Aggravating factors - Dosage units - Weighing/weight measurement - Public safety - Drug penalties