Kansas 2023-2024 Regular Session

Kansas Senate Bill SB413

Introduced
1/29/24  
Refer
1/30/24  

Caption

Specifying criminal penalties for unlawful distribution of fentanyl-related controlled substances when distributed by weight or dosage unit.

Impact

The Proposed amendments to K.S.A. 21-5705 delineate a tiered structure for penalties based on the amount of controlled substances involved in a criminal offense, specifically targeting varied weights and dosage units. This can lead to increased severity of charges from a drug severity level 4 felony for minimum quantities to a level 1 felony for large distributions. This structured penalty system is intended to deter drug trafficking and enhance the tools available to law enforcement agencies in combating the crisis posed by fentanyl and other synthetic drugs.

Summary

Senate Bill 413 is a significant legislative measure aimed at specifying and amending criminal penalties related to the unlawful distribution of controlled substances, particularly focusing on fentanyl-related substances. The bill seeks to categorize such illegal activities by their weight or dosage unit, thereby providing more precise and potentially harsher penalties for offenders. The aim is to address the rising epidemic of opioid misuse and ensure that legal frameworks can effectively respond to the complexities of drug distribution systems in the state of Kansas.

Contention

Notably, the bill raises discussions about balancing criminal justice with public health concerns, as heavier penalties might not directly translate into decreased drug abuse or trafficking. Critics are likely to voice concerns that harsher legislative measures could disproportionately impact individuals struggling with addiction, rather than addressing the root causes of substance abuse. Proponents argue, however, that stringent laws are necessary to protect public safety and combat the challenges presented by synthetic opioids, which have posed significant health threats in recent years.

Companion Bills

No companion bills found.

Similar Bills

NJ S1918

Increases penalties for certain heroin offenses by revising threshold amounts for first, second, and third degree crimes of manufacturing, distributing, and dispensing heroin.

KS SB318

House Substitute for SB 318 by Committee on Corrections and Juvenile Justice - Creating an inference of an intent to distribute a controlled substance based on the quantity of the substance possessed instead of a rebuttable presumption.

KS HB2385

Creating an inference of an intent to distribute a controlled substance based on the quantity of the substance possessed instead of a rebuttable presumption.

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

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KS SB238

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MO SB451

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CA AB1042

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