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IN SB0140

Bill

Status

Engrossed

2/6/2018

Primary Sponsor

Mike Bohacek

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates a legal defense to the Level 6 felony of maintaining a common nuisance when the location was not primarily used for unlawful purposes

  • Defense applies when the offense involves less than 30 grams of marijuana or less than 5 grams of hash oil, hashish, or salvia

  • Defense also covers drug paraphernalia designed for use with marijuana, hash oil, hashish, or salvia

  • Defendant must have no prior unrelated conviction for maintaining a common nuisance to use this defense

  • Effective July 1, 2018; passed Senate Committee on Corrections and Criminal Law with a 7-1 vote

Legislative Description

Maintaining a common nuisance. Provides a defense to the crime of maintaining a common nuisance if: (1) the location was not primarily used for specified unlawful acts; (2) the charged offense involves less than a specified quantity of marijuana, hashish, hash oil, or salvia or involves paraphernalia; and (3) the person does not have a prior unrelated conviction for maintaining a common nuisance.

Last Action

First reading: referred to Committee on Courts and Criminal Code

2/12/2018

Committee Referrals

Courts and Criminal Code2/12/2018
Corrections & Criminal Law1/3/2018

Full Bill Text

No bill text available