Sentencing guidelines for the CNMI Drug Court is getting a second look after the Senate passed a House bill reforming the guidelines in the CNMI.<\/p>\n
House Speaker Raphael Demapan\u2019s (R-Saipan) House Bill 20-12 proposes to revise sanctions against those who manufacture, deliver, or possess controlled substances. <\/p>\n
H.B. 20-12 would amend the Commonwealth Controlled Substances Act.<\/p>\n
The bill takes a dim view of mandatory minimum penalties, saying they are \u201cfrequently unfair or irrational because the judge is unable to consider the pertinent facts and circumstances of the case before imposing a criminal penalty.\u201d<\/p>\n
It also incorporates evidence-based programs and services, like treatment and supervision.<\/p>\n
\u201c[Amendments] are necessary to cure the traces of injustice resulting from strict imposition of mandatory minimum sentencing laws as applied to nonviolent offenders convicted of a drug-related offense,\u201d the bill states. <\/p>\n
According to H.B. 20-12, the punishment for those proven to be guilty with the intent to manufacture, deliver, or distribute controlled substances would depend on the evidence gathered against him or her. <\/p>\n
A major factor would be how much of the controlled substance one possesses. If an individual is caught with controlled substances weighing a total of less than 5 grams, they would be sentenced to a prison term of not more than 10 years, a fine of not more than $5,000, or both. A second offense would bag the offender a prison sentence of not more than 25 years and a fine of not more than $10,000, or both.<\/p>\n
The bill specifies that mere possession would also make one an offender.<\/p>\n
Possessing controlled substances would land you in prison as well for not more than five years and a fine of not more than $2,000 or both. A section of the bill provides that marijuana is an exemption to this. <\/p>\n
The same section of the bill poses stricter consequences for being caught with methamphetamine hydrochloride or \u201cice,\u201d cocaine, or heroin as well as being found guilty of discharging a firearm. <\/p>\n
The bill unanimously passed the Senate and now heads to Gov. Ralph DLG Torres for enactment.<\/p>\n","protected":false},"excerpt":{"rendered":"
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