AB 787

Under current law, in the uniform controlled substances act, the penalty for

illegally possessing or attempting to illegally possess a controlled substance varies

depending on the controlled substance. The uniform controlled substance act

provides identical penalties for the actual possession and the attempt to possess each

controlled substance except for a schedule I or II controlled substance or analog that

is a narcotic. Under the uniform controlled substances act, the actual possession of

a schedule I or II controlled substance or analog that is a narcotic is a Class I felony,

but the uniform controlled substances act does not provide a specific penalty for the

attempt to possess such a controlled substance or analog. The attempt, therefore, is

subject to the general provision that an attempt to commit a Class I felony is a Class

A misdemeanor.

This bill provides that the attempt to possess a schedule I or II controlled

substance or analog that is a narcotic is a Class I felony, the same penalty as the

actual possession of that controlled substance.