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OH HB4

Bill

Status

Engrossed

2/15/2017

Primary Sponsor

Robert Cupp

Click for details

Origin

House of Representatives

132nd General Assembly (2017-2018)

AI Summary

Am. H.B. No. 4 Summary

  • Amends Ohio Revised Code sections 2925.03 and 2925.11 to specify that cocaine amounts for trafficking and possession offenses include the full weight of any compound, mixture, preparation, or substance containing cocaine, rather than excluding filler materials.

  • Responds to the Ohio Supreme Court's State v. Gonzales decision by clarifying that the State is not required to prove cocaine weight separate from filler materials when prosecuting cocaine offenses.

  • Applies the same measurement methodology to other controlled substances including L.S.D., heroin, hashish, and controlled substance analogs.

  • Maintains existing penalty structures for cocaine trafficking and possession based on drug quantity thresholds.

  • Declared an emergency measure effective immediately to preserve the validity of penalty structures that applied prior to the Gonzales court ruling.

Legislative Description

Prescribe how cocaine is to be measured for offense

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Refer to Committee: Judiciary

2/22/2017

Committee Referrals

Judiciary2/22/2017
Criminal Justice2/8/2017

Full Bill Text

No bill text available