The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend various codes relating to authorizing the possession, use, cultivation, processing, distribution, transportation, research, testing, and delivery of low-THC cannabis for medical use by  patients with certain debilitating medical conditions and the licensing of cannabis dispensing organizations, cannabis research organizations, and cannabis testing facilities. Possession, delivery, and paraphernalia offenses are punishable at various misdemeanor and felony levels, depending on the amount manufactured, delivered, possessed or other specific circumstances of the offense.

A first degree felony is punishable by confinement in prison for life or for a term from 5 to 99 years; a second degree felony for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offense are also subject to an optional fine not to exceed $10,000.

Expanding the list of individuals exempted from arrest, prosecution, or penalty for certain conduct is expected to result in a decrease in the demand for the correctional resources of counties or of the State due to a potential decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 31,500 individuals were arrested, 1,802 were placed under felony community supervision, and 1,128 were admitted into state correctional institutions for manufacture, delivery, or possession of marihuana punishable as a felony under existing statute. Although data do not exist that would allow cases in which an individual met the requirements outlined in the bill to exempted from criminal liability to be isolated from all other cases in which marihuana was manufactured, delivered, or possessed, this analysis assumes the bill would not result in a significant reduction in the demand for state correctional resources.