Date: 05/01/2012
Final
BILL SUMMARY for SB12-116
HOUSE COMMITTEE ON JUDICIARY
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03:28 PM -- Senate Bill 12-116
Representative Gardner announced that the committee would hear testimony on Senate Bill 12-116 at this meeting and lay the bill over for action only to give the parties a chance to reach a compromise.
Representative Brown, sponsor, presented the bill. The bill removes cathinones from the list of schedule I substances and adds them to the general statutory definition of controlled substances. It defines a cathinone as a synthetic or natural material containing cathinone chemical structures and changes penalties for possession or distribution of a cathinone as follows:
• the penalty for a person who possesses any amount of cathinone is reduced from a class 4 felony (for more than four grams) or a 6 felony (for less than four grams) to a class 1 misdemeanor;
• a new class 3 felony is established for a person who distributes, manufactures, dispenses, or sells cathinones; and
• a new civil penalty of between $10,000 and $500,000, credited to the General Fund, is created for deceptive trade practices by a person or entity that distributes, manufactures, sells, or purchases bath salts or other products containing a cathinone.
As is the case under current law, enhanced sentencing is available for distribution of cathinone products to a minor by an adult who is at least two years older than the minor.
Background. Cathinones are currently listed as one of approximately 150 schedule I substances, which also include more commonly known drugs such as heroin, morphine, codeine, peyote, GHB, BZP, and mescaline. According to the Judicial Branch, on average 2,314 adults and 130 juveniles are convicted of possession of a schedule I substance per year. A total of 2,484 adults and 131 juveniles are convicted of distribution, intent to distribute or conspiracy to distribute a schedule I substance each year.
Under current law, possession of a cathinone is punishable by either a class 4 felony (for more than four grams) or a class 6 felony (for less than four grams). Distribution of a schedule I substance, including a cathinone, is currently a class 3 felony, with enhanced sentencing for crimes that involve minors. The current definition of a cathinones does not explicitly include synthetic materials or identified derivatives.
03:35 PM -- Marc Soicher, representing himself, testified in support of the bill. Mr. Soicher related details about a young man with whom he is acquainted who has used cathinones. He discussed the changes in the young man's behavior during the time he was using the drug. He spoke about the toll drugs take on the life of the user and the user's family. He responded to questions from the committee about the potential penalties under the bill.
03:46 PM -- Michael Dougherty, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Dougherty spoke about the positive things the bill does. He discussed other states that have made cathinones a schedule I controlled substance. He indicated that his opposition is to the specialized penalty structure that only applies to this class of drugs.
03:49 PM -- Tamar Wilson, representing the Colorado District Attorneys' Council (CDAC), testified about the bill. Ms. Wilson explained that the CDAC supports portions of the bill and opposes other portions. She listed many of the negative effects of cathinone use. She spoke about the various analogs and derivatives of cathinones. Ms. Wilson responded to questions from the committee about potential prosecutions under the criminal and civil provisions of the bill.
04:13 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner passed around a package of a cathinone derivative material marketed as bath salts that was labeled "Not For Human Consumption." She indicated that the bill is designed to criminalize the manufacture, distribution, sale, and possession of such products. She stressed the importance of the consumer protection provisions of the bill. She expressed her opinion that the product is knowingly marketed to teens and young adults.
04:20 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain discussed the penalty structure outlined in the bill. She expressed her opinion that the penalties are appropriate for the actions and the target population of the bill.
04:26 PM
Representative Waller announced that the bill would be laid over for action at a later date. Representative Brown made closing comments about a forthcoming potential compromise on the bill. Members of the committee commented about the bill.