Tweets

Colorado Rights Blog

HB19-1263: Offense Level For Controlled Substance Possession

Criminal Justice
Bill Number: HB19-1263
Year: 2019
ACLU Position: Support
Sponsors: L. Herod / S. Sandridge /P. Lee / V. Marble

Description:

Under existing law, possession of any amount of flunitrazepam,
ketamine, cathinones, or a controlled substance listed in schedule I or II
is a level 4 drug felony. Possession of a controlled substance listed in
schedule III, IV, or V, except flunitrazepam or ketamine, is a level 1 drug
misdemeanor. The bill makes possession of flunitrazepam, ketamine,
cathinones, or a controlled substance listed in schedule I or II a level 1
drug misdemeanor. The bill makes conforming amendments related to
making the possession offense a misdemeanor.
Under existing law, possession of more than 12 ounces of
marijuana or more than 3 ounces of marijuana concentrate is a level 4
drug felony, and possession of 6 to 12 ounces of marijuana or not more
than 3 ounces of marijuana concentrate is a level 1 drug misdemeanor.
The bill makes possession of more than 6 ounces of marijuana or more
than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and
makes possession of 3 ounces or less of marijuana concentrate a level 2
drug misdemeanor.
Under existing law, failure to appear after being released on
summons or written promise to appear following arrest or detention for
the petty offense of possession of not more than 2 ounces of marijuana is
a class 3 misdemeanor. The bill clarifies that a person may not be arrested
for the petty offense of possession of not more than 2 ounces of marijuana
and that a court may issue a warrant for arrest of a person who fails to
appear in court as required by a summons for the possession offense.
Under existing law, abusing toxic vapors is a level 2 drug
misdemeanor and punishable with a sentence to jail for a second offense.
The bill clarifies that a person may not be sentenced to jail specifically for
a second offense.
Existing law requires a person convicted of an offense pursuant to
the Uniform Controlled Substances Act of 2013 (act) to be sentenced
to complete useful public service unless that person is sentenced to the
department of corrections or a community corrections facility. The bill
permits a court to suspend a sentence to complete useful public service
when it interferes with treatment or other probation requirements imposed
by the court. The bill removes the useful public service requirement for
persons receiving diversion or a deferred sentence. The bill requires only
those convicted of a felony drug offense to submit to the fingerprinting
and photographing requirements of the act.
The bill requires persons convicted of the level 1 drug
misdemeanors related to unlawful possession of a controlled substance
and possession of marijuana or marijuana concentrate to be punished by
a sentence of up to 2 years probation, with up to 180 days in jail as a
condition of, or for a violation of, probation, and a maximum $1,000 fine.
The bill requires persons convicted of the level 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 to be punished by a sentence of up to one year probation, with up
to 120 days in jail as a condition of, or for a violation of, probation, and
a maximum $500 fine.
The county court drug court grant program is established in the
judicial department to provide grants to the county court of a city and
county to establish and operate a misdemeanor drug court. In order to be
eligible for a grant, the city and county must not receive state funding to
operate the county court.


Current Status:

Governor Signed (05/28/2019)
House Considered Senate Amendments - Result was to Concur - Repass (05/03/2019)
Senate Third Reading Passed with Amendments - Floor (05/03/19)
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole (04/27/19)
Senate Committee on Finance Refer Amended to Appropriations (04/26/19)
Senate Committee on Judiciary Refer Amended to Finance (04/22/19)
House Third Reading Passed - No Amendments (04/18/19)
Introduced In Senate - Assigned to Judiciary (04/18/19)
House Second Reading Special Order - Passed with Amendments - Committee, Floor (04/17/19)
House Committee on Judiciary Refer Amended to Appropriations (04/09/2019)
House Committee on Judiciary Refer Amended to Finance (04/02/2019)
Introduced In House - Assigned to Judiciary (03/22/2019)



Return to Search Menu