The bill would amend the Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons.  The offense would be punishable as a state jail felony if the person converts to the person’s own use the controlled substance.  The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance.  The offense would only apply to registrants, dispensers, or persons who are agents of a registered manufacturer or contract carrier of the controlled substance as defined by the Health and Safety Code. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.  It is expected individuals who would be affected under the provisions of the bill are currently being sentenced for other, possibly lesser felony, offenses.