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2018 Regular Session

2018 Regular Session

HOUSE BILL 649 E1 8lr1873

By: Delegates Reilly, Afzali, Buckel, Cassilly, Folden, Grammer, Krebs, Malone, McComas, Morgan, Rose, Shoemaker, and Szeliga Introduced and read first time: January 29, 2018 Assigned to: Judiciary

A BILL ENTITLED

1 AN ACT concerning

2 Criminal Law – – Distribution Causing Death of Minor

3 FOR the purpose of prohibiting the distribution of a certain or opioid analogue, the 4 use of which causes the death of a minor; establishing a penalty for a violation of this 5 Act; clarifying that certain conduct constitutes distribution under this Act; providing 6 that certain conduct does not establish a defense under this Act; providing a certain 7 defense under this Act; providing immunity for certain conduct under this Act; 8 providing that a sentence imposed under this Act shall be consecutive to and not 9 concurrent with a certain other sentence; defining certain terms; and generally 10 relating to the distribution of opioids.

11 BY repealing and reenacting, without amendments, 12 Article – Criminal Law 13 Section 5–402(c) and 5–403(b)(1) and (3) and (c) 14 Annotated Code of Maryland 15 (2012 Replacement Volume and 2017 Supplement)

16 BY adding to 17 Article – Criminal Law 18 Section 5–602.1 19 Annotated Code of Maryland 20 (2012 Replacement Volume and 2017 Supplement)

21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows:

23 Article – Criminal Law

24 5–402.

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0649* 2 HOUSE BILL 649

1 (c) (1) These derivatives are substances listed in Schedule I:

2 (i) ;

3 (ii) ;

4 (iii) acetylocodone;

5 (iv) ;

6 (v) methylbromide;

7 (vi) codeine–N–oxide;

8 (vii) ;

9 (viii) ;

10 (ix) ;

11 (x) ;

12 (xi) ;

13 (xii) methyliodide;

14 (xiii) ;

15 (xiv) etorphine 3–methylether;

16 (xv) ;

17 (xvi) ;

18 (xvii) ;

19 (xviii) methyldihydromorphinone;

20 (xix) methylhydromorphine;

21 (xx) methylbromide;

22 (xxi) morphine methylchloride;

23 (xxii) morphine methylsulfonate;

24 (xxiii) morphine–N–oxide;

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1 (xxiv) ;

2 (xxv) ;

3 (xxvi) ;

4 (xxvii) ;

5 (xxviii) ;

6 (xxix) ;

7 (xxx) ; and

8 (xxxi) .

9 (2) Unless specifically excepted under this subtitle, a salt, isomer, or salt 10 of an isomer of a substance listed in this subsection is a Schedule I substance if the existence 11 of the salt, isomer, or salt of an isomer is possible within the specific chemical designation.

12 5–403.

13 (b) (1) Unless the substance is listed in another schedule and except as 14 provided in paragraph (2) of this subsection, opium and , and a salt, compound, 15 derivative, or preparation of opium or opiate is a substance listed in Schedule II, including:

16 (i) raw opium;

17 (ii) opium extracts;

18 (iii) opium fluid;

19 (iv) powdered opium;

20 (v) granulated opium;

21 (vi) tincture of opium;

22 (vii) codeine;

23 (viii) ethylmorphine;

24 (ix) etorphine hydrochloride;

25 (x) ;

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1 (xi) ;

2 (xii) ;

3 (xiii) morphine;

4 (xiv) ;

5 (xv) ; and

6 (xvi) .

7 (3) Substances listed in Schedule II also include:

8 (i) except for the isoquinoline alkaloids of opium, a salt, compound, 9 derivative, or preparation that is chemically equivalent or identical to a substance listed in 10 paragraph (1) of this subsection;

11 (ii) opium poppy and ;

12 (iii) coca leaf;

13 (iv) , its salts, optical and geometric isomers, and salts of 14 isomers;

15 (v) ecgonine, its derivatives, their salts, isomers, and salts of 16 isomers; and

17 (vi) a compound, mixture, or preparation that contains any of the 18 substances listed in this section.

19 (c) (1) These are substances listed in Schedule II:

20 (i) alphaprodine;

21 (ii) ;

22 (iii) ;

23 (iv) ;

24 (v) ;

25 (vi) ;

26 (vii) ;

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1 (viii) levoalphacetylmethadol;

2 (ix) ;

3 (x) ;

4 (xi) ;

5 (xii) ;

6 (xiii) methadone––intermediate, 4–cyano–2–dimethylamino–4, 7 4–diphenyl butane;

8 (xiv) moramide––intermediate, 2–methyl–3–morpholino–1, 9 1–diphenyl–propane–carboxylic acid;

10 (xv) ;

11 (xvi) pethidine––intermediate––A, 12 4–cyano–1–methyl–4–phenylpiperidine;

13 (xvii) pethidine––intermediate––B, 14 ethyl–4–phenylpiperidine–4–carboxylate;

15 (xviii) pethidine––intermediate––C, 16 1–methyl–4–phenylpiperidine–4–carboxylic acid;

17 (xix) ;

18 (xx) ;

19 (xxi) racemethorphan;

20 (xxii) ; and

21 (xxiii) sulfentanil.

22 (2) Unless specifically excepted under this subtitle, an isomer, ester, ether, 23 or salt of an opiate and a salt of an isomer, ester, or ether is a substance listed in Schedule 24 II if the existence of the isomer, ester, ether, or salt is possible within the specific chemical 25 designation.

26 5–602.1.

27 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 28 INDICATED.

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1 (2) “OPIOID” MEANS A CONTROLLED DANGEROUS SUBSTANCE 2 LISTED IN § 5–402(C) OR § 5–403(B)(1) OR (3) OR (C) OF THIS TITLE.

3 (3) (I) “OPIOID ANALOGUE” MEANS A SUBSTANCE THAT:

4 1. HAS A CHEMICAL STRUCTURE SIMILAR TO THE 5 CHEMICAL STRUCTURE OF AN OPIOID; AND

6 2. HAS A STIMULANT, DEPRESSANT, OR 7 HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS 8 SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR 9 HALLUCINOGENIC EFFECT OF AN OPIOID ON THE CENTRAL NERVOUS SYSTEM.

10 (II) “OPIOID ANALOGUE” DOES NOT INCLUDE:

11 1. A CONTROLLED DANGEROUS SUBSTANCE LISTED ON 12 SCHEDULE I OR SCHEDULE II;

13 2. A SUBSTANCE FOR WHICH THERE IS AN APPROVED 14 NEW APPLICATION; OR

15 3. A SUBSTANCE APPROVED FOR INVESTIGATIONAL USE 16 UNDER § 506 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

17 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON MAY NOT 18 DISTRIBUTE AN OPIOID OR AN OPIOID ANALOGUE, THE USE OF WHICH CAUSES THE 19 DEATH OF A MINOR.

20 (C) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS GUILTY 21 OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 22 30 YEARS.

23 (D) THE SHARING OF AN OPIOID OR AN OPIOID ANALOGUE BY AN ADULT 24 CONSTITUTES DISTRIBUTION UNDER THIS SECTION.

25 (E) (1) IT IS NOT A DEFENSE UNDER THIS SECTION THAT THE DEFENDANT 26 DID NOT DISTRIBUTE THE OPIOID OR OPIOID ANALOGUE DIRECTLY TO THE 27 DECEDENT.

28 (2) IT IS A DEFENSE UNDER THIS SECTION THAT THE DEFENDANT WAS 29 AN ACTIVE USER OF AN OPIOID OR AN OPIOID ANALOGUE AT THE TIME OF THE 30 DISTRIBUTION THAT CAUSED THE DEATH OF THE DECEDENT.

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1 (F) A PERSON WHO, IN GOOD FAITH, SEEKS, PROVIDES, OR ASSISTS WITH 2 THE PROVISION OF MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING A MEDICAL 3 EMERGENCY AFTER USING AN OPIOID OR AN OPIOID ANALOGUE IS IMMUNE FROM 4 CRIMINAL PROSECUTION FOR A VIOLATION OF THIS SECTION IF THE EVIDENCE FOR 5 THE CRIMINAL PROSECUTION WAS OBTAINED SOLELY AS A RESULT OF THE 6 PERSON’S SEEKING, PROVIDING, OR ASSISTING WITH THE PROVISION OF MEDICAL 7 ASSISTANCE.

8 (G) A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE CONSECUTIVE 9 TO AND NOT CONCURRENT WITH ANY OTHER SENTENCE IMPOSED FOR ANY CRIME 10 BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION.

11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2018.

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