The Act creates new drug crimes and increases penalties for some drug offenses. This bill makes changes to Ballot Measure 110, including changes to treatment funding. The Act also creates a new diversion program and a process for setting aside certain drug convictions. The Act goes into effect when the Governor signs it.
Creates the crime of using or possession of a controlled substance in public. Punishes by up to 364 days’ jail, $6,250 fine, or both. Creates the crime of possessing, purchasing, making, delivering or selling a pill press. Punishes by up to five years’ imprisonment, $125,000 fine, or both. Requires a prison sentence for the unlawful delivery or manufacture of a controlled substance when the person has a prior conviction. Increases the penalties for the unlawful delivery of a controlled substance that results in the death of a person. Punishes by up to 20 years’ imprisonment, $375,000 fine, or both. Provides that possession of a controlled substance with the intent to deliver constitutes delivery.
Local control – Directs counties to supervise persons convicted of certain property misdemeanors. Requires that for certain drug and property crimes, the court must require an evaluation and treatment as part of probation. Authorizes local governments to enact laws prohibiting the use of controlled substances.
Creates a diversion program for certain drug crimes. Directs the court to enter an order setting aside a conviction for certain drug crimes when specified conditions are met.
Directs the Alcohol and Drug Policy Commission to provide grants and funding for drug treatment and other related services. Transfers the duties of the Oversight and Accountability Council to the commission.