SB 47 Summary

• Restructures drug offense penalties by redefining quantity tiers (Tier 1-5) and eliminating aggravating factor requirements for many offenses, generally reducing sentencing classifications for possession and lower-level distribution crimes.

• Eliminates separate statutes for aggravated possession offenses (§§ 4755-4756) and consolidates drug dealing and possession charges under simplified statutes with clearer quantity-based thresholds.

• Clarifies that aggravating factors (school zones, parks, vehicles, juvenile involvement, resistance to arrest) are alleged and proven as offense elements, but school zone and park/worship location factors count as only one aggravating factor when both present.

• Modifies boot camp diversion program eligibility under § 6712 to include persons convicted under §§ 4752-4756 if the substance weight is below Tier 3 minimum quantities, and expands gang participation statute to include certain drug offenses.

• Effective 90 days after enactment; includes technical amendments to define sampling methodologies for controlled substance quantity determinations.