Kansas 2023-2024 Regular Session

Kansas House Bill HB2398

Introduced
2/10/23  
Refer
2/10/23  
Report Pass
2/16/23  
Engrossed
3/1/23  
Refer
3/2/23  

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.

Companion Bills

No companion bills found.

Previously Filed As

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS SB238

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

KS HB2596

Adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of "fentanyl-related controlled substances."

KS HB2547

Pertaining to the regulation of certain drugs, authorizing schools to maintain stock supplies of emergency medication kits for certain life-threatening conditions and adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of fentanyl-related controlled substances.

KS HB2328

Excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.

KS SB240

Amending the crime of aggravated endangering a child to increase the criminal penalties in certain environments where any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture fentanyl-related controlled substances.

KS SB413

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

KS SB239

Creating a special sentencing rule to add 100 months to a sentence for distribution of a controlled substance when the substance involved is fentanyl and the distribution causes the death of a child.

KS HB2215

Creating the crime of utilizing a drug-masking product and providing criminal penalties therefor.

KS AB2246

Controlled substances: fentanyl.

Similar Bills

KS SB238

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

AZ SB1027

Carfentanil; fentanyl; minors; penalties

AZ HB2250

Carfentanil; fentanyl; threshold amount; minors

LA SB98

Increases the penalties for the retail sale of nitrous oxide. (8/1/25)

NJ A2459

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

NJ A3168

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

NJ S3096

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.