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.

Previously Filed As

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.

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 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 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 HB2398

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.

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 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 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 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 A2473

Increases penalties for unlawfully manufacturing, distributing, or dispensing fentanyl.

Similar Bills

NJ S166

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ A714

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ A2174

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ A784

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ S442

Increases penalties for unlawfully manufacturing, distributing, or dispensing fentanyl.

NJ S112

Increases penalties for unlawfully manufacturing, distributing, or dispensing fentanyl.

NJ A343

Requires grading of offenses involving manufacturing, distributing, and dispensing heroin based on dosage units in addition to weight.

NJ S190

Requires grading of offenses involving manufacturing, distributing, and dispensing heroin based on dosage units in addition to weight.