Today's Law As Amended


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SB-62 Controlled substances: fentanyl.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The increasing prevalence of fentanyl poses a significant public health and safety risk to communities in California.
(b) Nationwide drug-related deaths exceeded 100,000 between April 2020 and April 2021. Fentanyl is a significant contributing factor to this alarming statistic.
(c) Between the years 2016 and 2020, statewide fentanyl-related deaths increased over 1600 percent from 239 to 3,857.
(d) Many of these deaths are the result of drug dealers selling counterfeit pills containing illicit fentanyl. The person consuming is unaware of the presence of fentanyl.
(e) California had more fentanyl seized than any other state in 2019. Mexican Transnational Criminal Organizations (TCOs) remain the greatest criminal drug threat in the United States, with the City of Los Angeles being one of their major transshipment points.
(f) In 2019, 20 percent of illicit fentanyl tablets contained a potentially lethal dose of fentanyl, an increase from 14 percent and 10 percent in the prior two years.
(g) The United States Drug Enforcement Administration has launched a public campaign, “One Pill Can Kill,” to raise awareness that pills purchased outside of a licensed pharmacy are illegal, dangerous, and potentially deadly.

SEC. 2.

 Section 11370.4 of the Health and Safety Code is amended to read:

11370.4.
 (a)   (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, when the person knew of the substance’s nature or character as a controlled substance,  11055  shall receive an additional term as follows:
(A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(F) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(b)   (1) A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:
(A) If the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c)   The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d)   The additional terms provided in this section shall be in addition to any other punishment provided by law.
(e)   Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section if the court  it  determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SEC. 3.

 Section 11372 of the Health and Safety Code is amended to read:

11372.
 (a)   In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial court may impose a fine not exceeding twenty thousand dollars ($20,000) for each offense. A fine shall not be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses.
(b)   A person receiving an additional term pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense.
(c)   A person receiving an additional term pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense.
(d)   A person receiving an additional term pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed eight million dollars ($8,000,000) for each offense.
(e)   The court shall make a finding, prior to the imposition of the fines authorized by subdivisions (b) through to  (d), inclusive, that there is a reasonable expectation that the fine, or a substantial portion thereof, could be collected within a reasonable period of time, taking into consideration the defendant’s income, earning capacity, and financial resources.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.