FL H0327

Allows defendants convicted of drug trafficking violations to petition the sentencing court to depart from the mandatory 3-year minimum prison sentence and mandatory fine.

The state attorney may file an objection to any departure motion filed by the defendant.

Court may grant departure only if defendant proves by preponderance of evidence that all ten criteria are met, including: no prior benefit from departure, possession amounts below specified thresholds, no intent to sell/distribute, no firearm or weapon use, and no prior convictions for trafficking or qualifying violent/sexual offenses.

Specifies maximum possession amounts triggering eligibility, including 34 grams of cocaine, 8 grams of oxycodone, 17 grams of hydrocodone, 2 grams of LSD, and other controlled substances.

Requires defendant to be amenable to substance abuse treatment if court determines such treatment is necessary.

Effective date: July 1, 2016.