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2011 SESSION

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SB 745 Cannabinoids, synthetic; penalties for transport, possession, sale, or distribution, etc.

Introduced by: Mark R. Herring | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic cannabinoids; bath salts. Lists those chemicals that comprise synthetic cannabinoids and makes possession a Class 1 misdemeanor. Possession with intent to distribute and manufacturing are felonies. The first offender statute applies as it does to marijuana and controlled substances. The bill criminalizes privately compounding with the specific intent to circumvent the criminal penalties for synthetic cannabinoids. The bill also allows restitution for cleaning up sites where the drug is made. A number of Code sections are amended for the purpose of treating synthetic cannabinoids as marijuana is treated throughout the Code. The bill adds chemicals known as "bath salts" to Schedule I of the Drug Control Act. There is an emergency clause. This bill incorporates SB 748, SB 749, SB 926, SB 992, SB 1082, SB 1186 and SB 1373. This bill is identical to HB 1434.

SUMMARY AS PASSED SENATE:

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic cannabinoids. Lists those chemicals that comprise synthetic cannabinoids without placing them in Schedule 1 of the Drug Control Act. Possession and possession with intent to distribute not more than one-half ounce are Class 1 misdemeanors. Possession with intent to distribute more than one-half ounce and manufacturing are felonies. The first offender statute applies as it does to marijuana and controlled substances. The bill criminalizes privately compounding with the specific intent to circumvent the criminal penalties for synthetic cannabinoids. The bill also allows restitution for cleaning up sites where the drug is made. Throughout the Code synthetic cannabinoids are treated as marijuana. This bill incorporates SB 748, SB 749, SB 926, SB 992, SB 1082, SB 1186 and SB 1373.

SUMMARY AS INTRODUCED:

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana.