HB 27 Drug Possession Penalty Amendments would have reduced the penalty of possession of a dangerous weapon and a controlled substance from a third degree felony to a class A misdemeanor if the controlled substance was marijuana. This bill was circled on the House floor and never received a final vote.

HB 254 Penalty for False Statement During Drug Arrest would have made it a class B misdemeanor offense for someone under arrest to falsely claim that they ingested drugs, with the false claim causing law enforcement to take them to a hospital. This bill passed the House vote but ran out of time in the Senate.

HB 419 Tobacco Regulation Amendments would have removed the penalty enhancement for a subsequent offense of selling a tobacco product to someone under 21 years old. It also would have removed the mens rea requirement for selling tobacco to a minor, which is currently an infraction. This bill was never heard in committee.

HB 536 Student Drug Possession Amendments would have required an LEA to amend their conduct and discipline policies to address the possession or use of certain tobacco or nicotine products. It sought to allow a school to issue a citation to a student who possesses a tobacco product, an electronic cigarette product, or a nicotine product on school property.

SB 248 Tobacco Amendments would have made it a class B misdemeanor to remotely sell a cigar or pipe tobacco without a license. This bill was held in committee.

SB 200 Psilocybin Recommendation Pilot Program Amendments would have decriminalized psilocybin possession under certain circumstances and created other penalties for violations of possession requirements. This bill was held in committee and failed to be voted on the Senate floor. There will likely be a pilot program exploring the efficacy of psilocybin based mental health treatment.

SB 254 Drug-induced Homicide Amendments sought to create the second degree felony offense of drug-induced homicide, defined as an actor causing or contributing to the death of someone to whom they sold a controlled substance. This bill was run last year and also failed to pass. Due to the concern that family and friends would be the main perpetrators of this offense, the bill this year stipulated that the controlled substance must be sold to the deceased by the actor, not just distributed. The bill also allowed for an affirmative defense if the actor reports the overdose. We testified that in statute, the sale of a controlled substance can mean a wide variety of things, including an exchange of goods or services. We also testified that there is an assumed risk inherent in every use of drugs and that a dealer is not able to know which other drugs an individual might already be using, making it impossible for dealers to make informed decisions regarding the sale of drugs. We spoke particularly against this offense applying not just in situations where a controlled substance causes the death of an individual, but also in situations where controlled substances “contribute” to the death of an individual. This bill was widely opposed and failed on the Senate floor.