Controlled substances: fentanyl and oxycodone.

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Under existing law, the court may strike the additional penalties described above if the court determines that there are circumstances in mitigation of the additional punishment, as specified. This bill would impose an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing either fentanyl or oxycodone, if the substance exceeds a specified weight. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would instead prohibit the court from imposing those additional penalties unless there are circumstances in aggravation to support that additional punishment. 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.