Kansas House Bill HB2398

Kansas 2023-2024 Regular Session

• Introduced: 2/10/23
• Refer: 2/10/23
• Report Pass: 2/16/23
• Engrossed: 3/1/23
• Refer: 3/2/23
• Failed: 4/30/24

Caption

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

Impact

The legislation establishes presumptive imprisonment for those convicted of distributing fentanyl-related substances, creating a more rigid structure for sentencing drug-related offenses. This includes harsher penalties for individuals with prior felony convictions related to controlled substances, which may lead to longer incarceration periods. Moreover, this bill reflects a broader shift in policy towards a zero-tolerance approach to drug offenses, particularly as it pertains to substances that have contributed to the ongoing opioid epidemic. As such, it may strain resources within the correctional and social services systems tasked with addressing substance abuse treatment.

Summary

House Bill 2398 addresses significant changes regarding crimes associated with controlled substances, specifically focusing on fentanyl-related substances. This bill expands the definition of 'manufacture' to include the placing of controlled substances into pills, aiming to establish stricter regulations on the production and distribution of these drugs. The bill also introduces increased criminal penalties for the manufacturing of fentanyl-related substances, underscoring the seriousness with which lawmakers view the opioid crisis and its impacts on public health and safety.

Contention

While the bill is designed to combat the growing problem of fentanyl abuse, there are concerns surrounding the potential overreach of its stringent penalties. Critics argue that such measures might not address the underlying causes of addiction and may disproportionately affect individuals struggling with substance abuse disorders. Additionally, implementing these harsher penalties could exacerbate existing issues within the criminal justice system, particularly if adequate support systems, such as rehabilitation programs, are not included in the legislative framework.