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OH HB4
Bill
Status
2/15/2017
Primary Sponsor
Robert Cupp
Click for details
AI Summary
Am. H.B. No. 4 Summary
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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.
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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.
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Applies the same measurement methodology to other controlled substances including L.S.D., heroin, hashish, and controlled substance analogs.
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Maintains existing penalty structures for cocaine trafficking and possession based on drug quantity thresholds.
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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