Drug Pushers Elimination Act

Summary

Drug Pushers Elimination Act - Increases maximum penalties for distribution, possession with intent to distribute, or domestic or certain foreign manufacture of coca leaves or certain of its derivatives, specified opiates or stimulants, or counterfeits thereof. Imposes mandatory minimum sentences for such violations. Excepts addicted persons from the applicable minimum term of imprisonment specified in this Act. Stipulates that one conspiring or attempting to manufacture, distribute, import, or export certain controlled substances shall be punished the same as one who commits the offense which was the object of the conspiracy or attempt. Directs a judicial officer to consider whether a person charged with an offense under the Comprehensive Drug Abuse Prevention and Control Act of 1970 poses a danger to himself, the persons or property of others, or the community in setting conditions of release pending trial. Denies release prior to trial to a person charged with an offense for which penalties are increased in this Act, upon a judicial officer making any one of specified findings in a special hearing to be conducted at the time of arraignment. Prohibits persons convicted of certain narcotics crimes, with certain exceptions for addicts, from being released while awaiting sentence or after having filed an appeal or a petition for a writ of certiorari. Permits an addict charged with unlawfully importing, selling, or conspiring to import or sell a narcotic drug to be eligible for civil commitment and rehabilitation in lieu of criminal prosecution if the court determines that such alleged violation was for the primary purpose of enabling the offender to obtain a narcotic drug required for personal use because of the addiction.

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1 official file

• Introduced in House

  summary · EN · 5 May 1977

  Open at official source

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