Bill Summary for H 464 (2017-2018)

Summary date: 

Jun 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 464 (Public) Filed Thursday, March 23, 2017
AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS.
Intro. by Horn, Murphy, Malone.

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Bill summary

Senate amendments make the following changes to the 4th edition.

Amendment #1 modifies the definition of fentanyl derivatives set out in proposed GS 90-89(1a), defining the term to mean any compounds structurally derived as previously specified (previously, any compounds derived as previously specified). 

Current law, GS 90-95(a)(1), makes it unlawful to manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance. Amends GS 90-95(b)(2), by eliminating the existing provision that provides that the transfer of less than 2.5 grams of a synthetic cannabinoid or any mixture containing that substance for no renumeration does not constitute a delivery in violation of GS 90-95(a)(1). Amends GS 90-95(b)(4), by eliminating the provisions that provide: (1) that if the quantity of the controlled substance exceeds 7 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class 1 misdemeanor and (2) that if the quantity of the controlled substance exceeds 21 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class I felony.

Makes conforming organizational changes.

Amendment #2 creates the Task Force on Sentencing Reforms for Opioid Drug Convictions (Task Force), consisting of 22 members. Details the membership of the Task Force, including ex officio members that serve with the same rights and privileges of other members, including voting rights. Specifies the appointment of members by the Speaker and the President Pro Tempore. Provides that the purpose of the Task Force is (1) to study and review cases of inmates who are incarcerated solely for convictions of opioid drug offenses that require active sentences under structured sentencing, (2) to consider how to identify inmates who would be able to successfully reintegrate into society, and (3) to develop and consider options for modifying existing statutes. Further details the duties of the Task Force, including studying potential cost savings and fiscal impact of an early release process for inmates convicted of opioid drug offense. Provides for the designation of cochairs, quorum of the Task Force, and the filling of vacancies. Also provides for member expenses, powers of the Task Force, and meetings of the Task Force. Requires an interim report to the General Assembly in 2018 and a final report in 2019, at which point the Task Force terminates. Effective when the act becomes law.

Makes conforming changes to the act's long title.

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