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Legislative Year: 2020 Change
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Bill Detail: HB20-1150

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Title Repeal House Bill 19-1263 Penalties For Drug Possession
Status Introduced In House - Assigned to Judiciary (01/17/2020)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors H. McKean (R)
Senate Sponsors
House Committee Judiciary
Senate Committee
Date Introduced 01/17/2020
Description

House Bill 19-1263, enacted in 2019, made changes relating to the
offense level for possession of certain controlled substances and
sentencing therefor and enacted the community substance use and mental
health services grant program.
The bill repeals provisions enacted by House Bill 19-1263, and
reinstates provisions repealed by that act. The bill makes possession of 4

grams or less of a controlled substance listed in schedule I or II a level 4
drug felony, possession of more than 12 ounces of marijuana or more than
3 ounces of marijuana concentrate a level 4 drug felony, and possession
of 3 ounces or less of marijuana concentrate a level 1 drug misdemeanor.
The bill clarifies that a person may be arrested for the petty offense
of possession of not more than 2 ounces of marijuana and that a person
may not be sentenced to confinement in jail for a first offense of abusing
toxic vapors.
The bill prohibits a court from suspending a sentence to complete
useful public service pursuant to the Uniform Controlled Substances Act
of 2013 (act) and requires a court to sentence a person to complete useful
public service if the person receives diversion or a deferred sentence. Any
person convicted of a drug offense must submit to the fingerprinting and
photographing requirements of the act.
The bill clarifies that persons convicted of level 1 or 2 drug
misdemeanors related to unlawful use of a controlled substance,
possession of marijuana or marijuana concentrate, unlawful use or
possession of certain synthetic controlled substances, or abusing toxic
vapors are subject to the same sentencing scheme as a person convicted
of other level 1 or 2 drug misdemeanors.
The bill repeals the community substance use and mental health
services grant program established in the department of local affairs.

Committee Reports
with Amendments
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