The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend various codes as they relate to the criminal and licensing consequences of certain criminal offenses involving the possession or delivery of marihuana and cannabis concentrate or possession of drug paraphernalia.  Under the provisions of the bill, punishments would be modified based on the circumstances of the offense including whether the individual receives remuneration or not, whether the offense involves cannabis concentrate and the amount of delta-9 tetrahydrocannabinol, and the weight of marihuana involved.  Punishments in the bill range from a Class C misdemeanor to a first degree felony with the specific punishment based on the circumstances of the offense.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony is punishable by confinement in prison for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or a class A misdemeanor.  In addition to confinement, most felonies have an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by confinement in a county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.  A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.  A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).  

Changes to criminal penalties are likely to result in changes to demands on the correctional resources of the counties or of the State due to changes to the number of individuals placed under supervision in the community, sentenced to terms of confinement in state correctional institutions, or placed under parole supervision.  The bill's impact on correctional populations is indeterminate.  Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the characteristics of marihuana-related offenses, including whether offenses involve cannabis concentrate, the amount of delta-9 tetrahydrocannabinol, whether individuals received remuneration, and the weight or amount of marihuana involved in offenses.  This information is necessary to identify the cases affected by the provisions of the bill and differentiate between the levels of punishment that would be applied under the provisions of the bill.

This analysis assumes the bill would apply only to offenses committed on or after September 1, 2021.