Staff Analysis of the Legislation
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SB 384 revises O.C.G.A. § 16-13-30, relating to penalties for controlled substances, by adding subsection (n). Any person who partakes in unauthorized activities involving a Schedule I controlled substance shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $50,000.00. Upon conviction of a second or subsequent offense, they shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $100,000.00. The mandatory minimum shall not be suspended, stayed, probated, deferred, or withheld and not be eligible to any form of pardon, parole, or early release by the State Board of Pardons and Paroles. O.C.G.A § 16-13-31 is also revised to provide for the same penalties regarding heroin. However, if such quantity of substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. |
