Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision.
Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates this provision.
Effective July 1, 2024, the bill makes the possession of any material, compound, mixture, or preparation that contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, a level 4 drug felony.
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