Provide for a rebuttable presumption of intent to distribute methamphetamine when in possession of more than five grams.
Impact
If enacted, HB 1067 would significantly impact state laws regarding the possession and distribution of methamphetamine. It classifies possession of more than five grams as a Class 3 felony, escalating to a Class 2 felony under specified circumstances, such as possession of firearms or large sums of cash. Notably, repeat offenders face escalating penalties, including mandatory prison sentences that cannot be suspended. The bill's provisions aim to curtail drug-related activities and mitigate the societal impacts of methamphetamine misuse.
Summary
House Bill 1067 aims to create a rebuttable presumption of intent to distribute methamphetamine for individuals found in possession of more than five grams of the substance. This legislation seeks to establish a clear legislative framework for addressing methamphetamine-related offenses, particularly targeting instances where substantial amounts of the drug are involved. The bill amends existing statutes to clarify possession limits, and the criteria under which a person can be presumed to intend to distribute the controlled substance, thereby reinforcing penalties for serious drug offenses.
Contention
A point of contention surrounding HB 1067 is the harsh sentencing structure it proposes, which some critics argue may exacerbate challenges within the criminal justice system. Legislative discussions have raised concerns about the potential impact of mandatory minimum sentences on incarceration rates and whether the bill adequately addresses the underlying issues of drug addiction. Furthermore, opponents may argue that the rebuttable presumption infringes on the due process rights of individuals, leading to unjust consequences based on possession alone.
Creating an inference of an intent to distribute a controlled substance based on the quantity of the substance possessed instead of a rebuttable presumption.
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties.
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties.
Provides relative to penalties for distribution or possession with intent to distribute certain controlled dangerous substances (OR SEE FISC NOTE GF EX)
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.
Criminalizing multiple forms of exposing children to controlled substances and allowing law enforcement to take a child into protective custody for screening and testing in an instance of suspected or actual criminal exposure to controlled substances.