Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Drug Policy topic
No spam. Unsubscribe anytime.
Committee accepts sentencing amendment but tables mens rea change in HB 88
Summary
The committee accepted Amendment 1505 to House Bill 88—tightening sentencing for fentanyl-related compounds—but tabled Amendment 1523, which would have restored a knowledge (mens rea) requirement for mixtures of marijuana or Schedule 3–5 substances with fentanyl-related compounds. The bill was favorably reported out of committee.
The House Judiciary Committee accepted an amendment tightening mandatory penalties for dealing fentanyl-related compounds and then voted to report House Bill 88 favorably to Rules and Reference.
Representative Williams moved Amendment 1505, which the sponsor said specifies mandatory minimums tied to fentanyl-related compounds: dealing 10 grams or more in sensitive areas and dealing 20 grams or more at any site would carry a minimum five-year prison term. The amendment was agreed to and incorporated into the bill.
Representative Thunberg then moved Amendment 1523 to restore the existing knowledge requirement for cases where marijuana or Schedule 3–5 controlled substances are mixed with a fentanyl-related compound — in other words, requiring that an offender know or have reason to know a mixture contained fentanyl. Vice Chair Swearingen argued that strict liability was important for trafficking fentanyl and moved to lay the amendment on the table. The committee called the roll and the motion to table carried by recorded vote; the committee therefore did not adopt the mens rea restoration.
After those rulings, Vice Chair Swearingen moved to favorably report HB 88 to the Committee on Rules and Reference and recommend passage. The clerk called the roll and the bill was favorably reported. The clerk also noted written proponent testimony on members' iPads and left the roll open until 11:45 a.m.
Committee discussion focused on the policy tradeoff between strict liability for trafficking fentanyl-related compounds and preserving knowledge requirements for mixtures with other controlled substances. Supporters argued strict penalties are needed to deter traffickers of fentanyl; opponents and one amendment sponsor stressed protections for defendants when they lack knowledge of added compounds. The committee's procedural votes left the stricter trafficking penalties in place while declining to restore the mens rea standard.
The bill will be transmitted to Rules and Reference for possible floor consideration.
