Controlled substances: fentanyl trafficking penalties.

Existing law makes it a crime to solicit or encourage a minor to commit specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors and imposes a punishment of imprisonment for a period of 3, 6, or 9 years. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of, or within certain locations, such as a church, synagogue, or a public swimming pool, among others, or on the grounds of, or within 1,000 feet of, public or private schools, as specified, subject to punishment with an additional enhancement in the state prison of one or 2 years. This bill would make the above-described enhancement applicable to offenses involving fentanyl if the person had knowledge that the specific controlled substance involved was fentanyl. By increasing the penalties for a crime, this bill would create 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.