AB 858

Bill Subjects

Abstract

Existing law subjects a person who possesses for sale certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 16 months, 2 years, or 3 years, as specified. This bill would, instead, subject any person who possesses for sale methamphetamine or its salts and isomers to imprisonment in the state prison for 2, 3, or 4 years. Existing law subjects a person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 2, 3, or 4 years, as specified. This bill would, instead, subject any person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport methamphetamine or its salts and isomers, to imprisonment in the state prison for 3, 4, or 5 years. Under existing law, persons convicted of certain offenses may be granted probation. This bill would provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation. That minimum sentence would be required to be imposed in every case unless the court finds that it is in the interest of justice not to impose that sentence, and states on the record the circumstances indicating why justice would be served by not imposing that minimum jail sentence. Because this bill would increase the punishment for an existing crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.