Repeal House Bill 19-1263 Penalties For Drug Possession

House Bill 19-1263, enacted in 2019, made changes relating to the offense level for possession of certain controlled substances and sentencing therefor and enacted the community substance use and mental health services grant program.

The bill repeals provisions enacted by House Bill 19-1263, and reinstates provisions repealed by that act. The bill makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 4 drug felony, possession of more than 12 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 4 drug felony, and possession of 3 ounces or less of marijuana concentrate a level 1 drug misdemeanor.

The bill clarifies that a person may be arrested for the petty offense of possession of not more than 2 ounces of marijuana and that a person may not be sentenced to confinement in jail for a first offense of abusing toxic vapors.

The bill prohibits a court from suspending a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" (act) and requires a court to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Any person convicted of a drug offense must submit to the fingerprinting and photographing requirements of the act.

The bill clarifies that persons convicted of level 1 or 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors are subject to the same sentencing scheme as a person convicted of other level 1 or 2 drug misdemeanors.

The bill repeals the community substance use and mental health services grant program established in the department of local affairs.

(Note: This summary applies to this bill as introduced.)