The bill would increase the criminal penalty for certain offenses related to the manufacture or delivery of substances in certain penalty groups or marihuana, subject to certain exceptions, if it is shown at trial that the defendant used a social media platform in furtherance of the offense. The penalty would be increased to the punishment prescribed by the next higher category of offense, except that the punishment for a felony of the first degree would be increased by five years and the maximum fine for the first-degree offense would be doubled.

Increasing the penalty for existing offenses may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.

In fiscal year 2024, there were 14,674 arrests, 254 referrals, 1,786 placements onto adult community supervision, 2,893 individuals admitted into an adult state correctional institution, and 6 individuals admitted into a juvenile state correctional institution for certain offenses related to the manufacture or delivery of substances in certain penalty groups or marihuana.

The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties.